Tillmann C. Lauk discusses law-making at the European level and argues that problems with EU legislation, banking regulation and currency debasement are due to a lack of democratic control. He insists on the need for radical reform both of banking and of international money and makes an important contribution to the debate on the future of finance.

This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following:
- thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis;
- texts of four company codes of practice;
- actual views of trade unions and employers organizations;
- analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives;
- two proposed model codes of practice, one for the individual user and one for employee representatives; and,
- appendices including Belgium's National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it.

Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.

Stefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.

While hedge funds have been part and parcel of the global asset management landscape for well over fifty years, it is only relatively recently that they came to prominence as one of the fastest growing and most vigorous sub-sectors of the financial services industry. Despite their growing significance for global and European financial markets, hedge funds continue enjoying a sui generis regulatory status. The ongoing credit crisis and its lessons for the wisdom of unregulated or loosely regulated pockets of financial activity raise, with renewed urgency, the issue of deciding how long for the relative regulatory immunity of hedge funds is to be tolerated in the name of financial innovation. This well-thought-out book, the first of its kind in this particular field, examines the case for the European onshore hedge fund industry's regulation, making concrete proposals for its normative future. Following a detailed account of the 'established' regulatory systems in Ireland and Luxembourg, as well as of the 'emerging' hedge fund jurisdictions in Italy, France, Spain and Germany, and of the regulatory treatment of hedge funds in the UK, this book examines to what extent the continuing exclusion of hedge funds from harmonized European regulation is defensible, whether their differences to traditional asset management products justify their distinct regulatory treatment and, ultimately, if their EU-wide regulation is possible and, if so, what form this should take. This book offers enormously valuable insights into all facets of the subject of the regulation of hedge funds, including: * the legitimacy of the public policy interest in their activities; * the conceptual underpinnings and systemic stability emphasis of a realistic hedge fund regulatory scheme; * the main parameters of a workable onshore hedge fund regulatory framework; * the role of investor protection and market integrity as part of a holistic hedge fund regulatory scheme; * the possible use of the UCITS framework as a foundation for the EU-wide regulation of hedge funds; * the MiFID's impact on the regulatory future of the European hedge fund industry; * existing cross-jurisdictional differences and similarities in the normative treatment of hedge funds within the EU; * hitherto initiatives and recommendations of the Community institutions and bodies; and * the need for more efficient co-operation and information-sharing arrangements amongst national supervisors for the monitoring of the cross-border risks inherent in the activities of hedge funds. As the first ever comprehensive account of the profile, main features and normative future of the contemporary global and European hedge fund markets - including a systematic inquiry into the conceptual underpinnings of hedge fund regulation and a detailed examination of the European hedge fund industry's treatment under Community and domestic law - this book represents a major contribution to the literature on hedge funds and their regulation which, through its concrete proposals for the onshore industry's regulation and its clear analysis of the conditions necessary for their implementation, should be of extraordinary value to policymakers, supervisors and academics alike.

Parties to Latin American commercial transactions have long needed a clear and detailed guide to the dispute resolution mechanisms and procedures available through the many relevant regional institutions that operate in South and Central America, Mexico, and the Caribbean. This incomparable book meets this need. In clear, non-expert English, it explains the different dispute resolution procedures of which companies and their counsel can take advantage in the course of doing business. The author pays close attention to the underlying treaties and protocols, some of which are not available in English. Among the many valuable resources provided are the following: an overview of regional and sub-regional institutions relevant to international dispute resolution; description of other institutions which provide investment guarantee protection and dispute resolution services, including the Multilateral Investment Guarantee Agency (MIGA), the Overseas Private Investment Corporation (OPIC), and the Inter-American Development Bank (IDB) and its sister institutions; insight into the way each institution is structured and how each legislates for its member states; analysis of substantive and procedural rights available to investors and states under the rules of each institution; and, details on how information can be obtained from the respective institutions for the purposes of further research. It also provides: rules of operation of supra-national/sitting courts and ad hoc tribunals, including the Inter-American Commission and Court of Human Rights, the Inter-American Commercial Arbitration Commission (IACAC), the Andean Court of Justice, the Caribbean Court of Justice, Mercosur's established arbitral tribunals and Permanent Review Tribunal, and the Central American Court of Justice; analysis of major Free Trade Agreements (FTAs), including the Group of Three Agreement, the US-CAFTA-DR, and the proposed Free Trade Area of the Americas (FTAA); investment protection afforded by Bilateral Investment Treaties (BITs) and Free Trade Agreements, with a country-by-country compendium of the BITs and FTAs signed by each; and discussion of regional initiatives of relevance to future policy-making. Especially valuable coverage includes information that has been dispersed and difficult to locate in English, such as details of MIGA's dispute mediation service and recent changes in Central American Common Market rules. As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America.

In this comprehensive two volume set Patricia White draws together a myriad of important articles concerning current tax laws. The articles examine how these laws affect the individual, as well as the society as a whole.

This comprehensive, three-volume set focuses on the legal and business aspects of sports in the USA and abroad. The authors have presented the subject matter from a practical and pragmatic perspective, yet with analytical precision and attention to fine points of detail. This work is composed of five parts. Part I deals with the law and business of sports in the United States, with the primary emphasis on the legal aspects of professional sports. Part II deals with the internationalization of sports from various perspectives, principally North American team sports. In Part III the law and business of sports is explored in 18 foreign (from an American's standpoint) jurisdictions. Part IV treats the legal and, to some extent, business aspects of broadcasting and sports, both in the United States and in selected foreign jurisdictions. Finally, Part V focuses upon sports marketing in its variegated forms in the USA, as well as its international perspectives.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.Providing a concise overview of the basic doctrines underlying the UN Convention on Contracts for the International Sale of Goods (CISG), Clayton Gillette explores their ambiguities and thus considers the extent to which uniform international commercial law is possible, as well as appraising the extent to which the doctrines in the UN Convention reflect those that commercial parties would prefer. With its compelling combination of doctrine and theory, this book makes an ideal companion for students and legal scholars alike. Key features include: Concise and compact overview of the CISG Includes contemporary developments Provides a theoretical basis for evaluating international sales law Considers perspectives of economic analysis of law.

In this innovative and exhaustive study, Steven A. Ramirez posits that the subprime mortgage crisis, as well as the global macroeconomic catastrophe it spawned, is traceable to a gross failure of law. The rule of law must appropriately channel and constrain the exercise of economic and political power. Used effectively, it ensures that economic opportunity isn't limited to a small group of elites that enjoy growth at the expense of many, particularly those in vulnerable economic situations. In Lawless Capitalism, Ramirez calls for the rule of law to displace crony capitalism. Only through the rule of law, he argues, can capitalism be reconstructed.

Current, succinct, and straightforward, ESSENTIALS OF THE LEGAL ENVIRONMENT, 5E uses a nontechnical approach to deliver complete one-semester coverage of business law and its environment. Cases are summarized by the authors and integrated throughout chapters. Miller explains legal issues and court decisions with minimal legal jargon. Hands-on applications help students strengthen their critical thinking skills as well as think through ethical dilemmas before they confront them in the workplace. The book also explores how traditional law has been applied to issues involving the Internet and how the laws of other nations deal with topics discussed in the text. In addition to Cases and Case Problems featuring issues from legal disputes in 2013 and 2014, the fifth edition includes an all-new chapter on Internet Law, Social Media, and Privacy, new Managerial Strategy features, new Preventing Legal Disputes features, and more.

The dramatic increase in the number of competition agencies in the last few years, in the context of a globalized economy, has made international cooperation a core element of competition enforcement. As more and more mergers, cartels, and unilateral restrictive business practises incur a cross-border dimension, cooperation among competition agencies helps achieve effective and coherent enforcement. In this context, it is important that competition authorities adopt proactive and cooperative approaches vis-a-vis their sister agencies in order to tackle these new challenges."

The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: * negotiating a detailed written contract; * performing a legal and commercial due diligence on a prospective partner; * resolving disputes through negotiation, arbitration or litigation; * establishing and enforcing trademarks, patents and other intellectual property rights; * investing in China; * considering the joint venture structure; * expanding through a merger or acquisition; * restructuring or liquidating an operation; * designing and implementing effective corporate governance; * retaining, managing and terminating employees; * arranging funds into and out of China; * ensuring both tax efficiency and tax compliance; and * avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide.

This major new study analyses the case-law of the European Court of Justice on the freedom of establishment and the free movement of capital in matters of direct taxation. The author identifies two areas where cases from the European Court of Justice are especially important: what constitutes discrimination, and which circumstances may justify such discrimination. Among his specific approaches to the complex issues involved may be noted the following: the Court's interpretation of discrimination and restriction; the grounds of justification, according to the rule-of-reason doctrine, accepted by the Court, such as the prevention of tax abuse; the grounds rejected by the Court, such as lack of harmonization and counterbalancing advantages; the characteristics of national legislation on direct taxation that the Court has found to be in breach of the freedom of establishment and the free movement of capital; the neutrality between different forms of establishment, in the form of either a branch or a subsidiary; the degree of convergence between the freedom of establishment and the free movement of capital, especially in cases on direct taxation; and, the territorial extension of the free movement of capital. "Direct Taxation in Relation to the Freedom of Establishment and the Free Movement of Capital" uncovers the present principal standpoints of the Court, how those standpoints have evolved, and how they are likely to develop in the coming years. As all proposals on unified corporate taxation of the European Union must consider the findings of the European Court of Justice on the compatibility of national tax legislation with Community law, and as individual Member States must consider and follow the case-law of the European Court of Justice when revising old tax legislation and adopting new legislation in this area, the significance of this penetrating analysis cannot be underestimated. It will be of immeasurable value not only to European policymakers and tax lawyers, but to tax and business lawyers worldwide engaged in European commerce.

This volume is comprised of a collection of papers dealing with various aspects of cross-border secured transactions, an important issue in the development of emerging financial markets and transitional market economies. A sound legal framework for lenders to effect and enforce secured transactions is called for in order to establish an investor-friendly climate. Special attention is paid to the EBRD Model Law on secured transactions, the UNCITRAL Draft Convention on Assignment in Receivables Financing, and the UNIDROIT model. The papers stress the importance to the transition process of the development of a modern framework for secured transactions.

"United States Securities Law: A Practical Guide" offers a concise overview of US securities laws from the perspective of a non-US participant. It is written not only for lawyers but for managers, bankers and others with an interest in the topic. This new edition has been significantly updated and expanded, including for the SEC's recent offering reforms and corporate governance developments.

Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet, despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed. The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made - such as calculating the "material injury," determining the cause of injury, and applying the "Community interest" test - and then be able to move confidently through every procedural step, including the following: initial complaint; questionnaires; "confrontation meetings"; investigations by Commission officials; calculating the dumping/subsidies margin; commenting on the Commission's provisional decision; requesting review of measures and refunds; and judicial review. Throughout the presentation, the author describes relevant cases and actual measures taken. Tables of cases and measures are included, as is a bibliography. Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.

There is little doubt that a series of EU Directives on money laundering and on public procurement have not reduced the incidence of financial crime in public contracts, in banking transactions, or in dealings among the "vulnerable" professions (mainly accountants, lawyers, and notaries). It is the convincingly argued thesis of this book that this failure stems directly from the dependence of these EU Directives on national laws on criminal records. Harmonisation of these laws, the book demonstrates, is not only necessary but urgent. In eighteen incisive essays, leading European authorities in the field provide in-depth discussion of such elements of the subject as methodologies for collecting criminal records, the authorities maintaining such records, the contents of such records and who has access to them, and conflicts with human rights and privacy legislation. The authors show that these factors and others vary enormously from country to country. They recommend EU initiatives that clearly mandate such specifications as the following: efficient exchange of criminal record data among national authorities; which crimes lead to compulsory exclusion from employment, membership, or participation in banking or public tenders; the specific types of employment, membership, and participation affected; erasure period for convictions; level of access for banks, professional associations, and tendering authorities to criminal records; and, exchange of criminal record data in the framework of EU data protection legislation. Standing as it does at a pressure point where criminal law collides with human rights on the one hand and public contracts on the other, this seminal work has a great deal to offer interested parties in several diverse fields of law and administration. The findings and recommendations of its authors are sure to evoke debate across a broad spectrum of academic, professional, and policymaking endeavour.

For human resource professionals, labor law specialists, and others involved in the practice of labor-management relations, Lencsis provides a concise, easily-accessed description of the workers compensation system in the United States, its governing laws and also its insurance aspects. Covering all major facets of workers compensation legislation and the insurance and risk management techniques used to comply with them, his book will have equal benefits for the staffs of insurance companies and brokerages, compensation and claims professionals, and for workers compensation executives in governmental agencies.

Lencsis explains that workers compensation laws were enacted on the federal and state levels in the early part of the century and have endured in the same basic form to the present. They represent a radical departure from common law concepts of negligence and damages in that they provide for statutory medical and wage-loss benefits regardless of who is at fault. Lencsis explores how insurance mechanisms in the public and private sectors are used to fund benefits and to make their delivery as secure and certain as possible. He also notes that workers compensation insurance is a major part of the property-casualty insurance business, and as such has recently become one of its most profitable areas. Lencsis' book helps readers to understand these concepts and to work with them in the day-to-day conduct of their business.

Focusing on the perspectives of policy-makers, the book's purpose is to closely examine the factors that make for successful/unsuccessful labor market related policy reforms. The aim is to reveal the political aspects, namely the chances, challenges and impediments to designing labor market reforms and to establish the conditions under which successful labor market reforms can be advocated, adopted and implemented (process). The work includes exclusive interviews with twelve former European prime ministers about the labour market reforms they initiated in their respective countries: Wolfgang Schussel Anders Fogh Rasmussen Andrus Ansip Francois Fillon Gerhard Schroeder Georgios Papandreou Mario Monti Jan Peter Balkenende Jerzy Buzek Iveta Radicova Luis Rodriguez Zapatero Tony Blair

The European system of insurance supervision under Solvency II constitutes a parallel to supervision of credit institutions under Basel III. At the heart of this new European insurance supervisory regime are the Solvency II Directive, the attendant regulation, and the EIOPA Regulation. The present volume, "Treatises on Solvency II", includes articles on the bases of European insurance supervision and the associated three pillars of solvency, governance, and disclosure, all viewed predominantly from a legal standpoint.

A series of five lectures presenting a summary of critical problems in the development of the national labor policy, delivered by the author, at the University of California, Los Angeles in November and December of 1959, under the auspices of the Institute of Industrial Relations.