The maintenance of a fair, competitive market among member states is critical to the functioning of the EU economy. In this book, the first comprehensive, unifying view of market definition, Miguel Ferro adeptly explores the different economic-legal issues that arise in EU competition law. Featuring an exhaustive analysis of European case law, this astute work provides a succinct and nuanced guide to market definition within a variety of markets and contexts. Insightful and timely, it explores the different economic-legal issues that arise in European case law, distinguishing economic debates from the legal issues involved. In so doing, it seeks to prevent the distortions to the legal method that can result from adopting a more piecemeal approach. Market Definition in EU Competition Law provides a crucial introduction to the topic and will be an important resource for students and scholars of European competition law. Practitioners and judges will also benefit from the extensive analysis of case law and the practical examples.

This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. The third part includes chapters on those states that are not Parties to the Convention, which compare their national laws and the Convention to find unique features of the Cape Town Convention's rules. The fourth part discusses the meaning of Protocols on aircraft, railway rolling stock and space assets from the practitioner's point of view. As a whole, the book offers insights into the new stage of uniform private law and shows the need for further examination of the subject, which will be essential for international and national legislators, academics of comparative and international private law as well as practitioners who are the users of the uniform law regime.

Sustainable development and the protection of the environment are concepts that have become inescapably connected. At the World Summit on Sustainable Development in Johannesburg in September 2002, the challenges facing the global environment were discussed at length. Air, water and marine pollution continue to rob millions of a decent life, loss of biodiversity continues, fish stocks are being depleted, desertification claims more fertile land, climate changes are having devastating effects, natural disasters are more frequent and developing countries are even more vulnerable. (Principle 13). This volume examines these important issues and adapts a practical approach. It outlines the programme of sustainable development in concrete fields of economic and environmental cooperation. The concept for this volume originated from the Conference on Exploitation and Management of Natural Resources in the Twenty-First Century: The Challenge of Sustainable Development. The Conference was organised by the British Institute of International and Comparative Law and the Department of Law at Queen Mary, University of London.

This timely book focuses on achieving a sustainable future through the reform of green fiscal policy. Green fiscal policies help not only provide the needed financing but may also serve the Sustainable Development Goals adopted by the United Nations in 2015. In this volume environmental tax experts review the development of fiscal carbon policy, consider the impact of green taxation on trade and competition, analyze the lessons learned from national experiences with fuel and energy pricing, and evaluate a variety of green economic instruments. A comprehensive range of green economic instruments is evaluated, covering emissions trading schemes, energy tax systems, global natural resource consumption taxes and fiscal intervention. The contributions from leading environmental taxation scholars consider thought-provoking innovations in policy and law to deal with climate change and explore a range of fiscal strategies designed to mitigate the negative and maximise the positive effects of a carbon economy. This is a vital reference work for students and academics in environmental law, economics and sustainability, and will serve as an excellent guide for policy makers and those involved in fiscal reform. Contributors include: C. Brandimarte, J. Bruha, H. Bruhova-Foltynova, L. del Federico, A. Gerbeti, S. Giorgi, E. Guglyuvatyy, S.-A. Joseph, C. Kettner, D. Kletzan-Slamanig, D. Leary, Y. Motoki, A. Naito, P. Pearce, V. Pisa, N.P. Stoianoff, S.L. Tan, X. Wang, S. Wright, J. Wu, Z. Yang

As the United States banking system enters the 1990s, the industry and its regulators face a crisis of major proportions. Successive problems have plagued various lending markets, bank failure rates have increased, and traditional regulatory techniques of risk control have proved unsuccessful. In this work, Helen A. Garten examines the current crisis in bank regulation and the regulatory response. In addition, she provides a series of recommendations for reforming the system so that regulatory failure will not occur again.

Garten begins her study with a strategic view of bank regulation as a response to financial crises in the banking business. Just as the bank failures of the 1930s led to a radical shift in bank regulatory technique, recent competitive pressures and technological innovations that have lessened the profitability of the deposit-lending business are leading to a shift in regulatory strategy today. Although some deregulation has taken place, Garten contends that more significant changes are occurring in the regulation that remains. Regulators are experimenting with a new approach to risk control that will create economic incentives for banks to adopt more successful investment strategies. Garten compares these new regulatory initiatives to the disciplinary techniques of the typical corporate equityholder and shows how they differ from the debtholder's techniques of traditional post-Depression bank regulation. She concludes that the new regulatory strategy may not be enough to help the banking industry emerge from its current difficulties. This work will be an essential resource for lawyers and bankers involved with regulatory policy, as well as for economists and scholars of finance and administrative law.

The subjects of Privacy and Data Protection are more relevant than ever with the European General Data Protection Regulation (GDPR) becoming enforceable in May 2018. This volume brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy and data protection. It is one of the results of the tenth annual International Conference on Computers, Privacy and Data Protection, CPDP 2017, held in Brussels in January 2017. The book explores Directive 95/46/EU and the GDPR moving from a market framing to a 'treaty-base games frame', the GDPR requirements regarding machine learning, the need for transparency in automated decision-making systems to warrant against wrong decisions and protect privacy, the riskrevolution in EU data protection law, data security challenges of Industry 4.0, (new) types of data introduced in the GDPR, privacy design implications of conversational agents, and reasonable expectations of data protection in Intelligent Orthoses. This interdisciplinary book was written while the implications of the General Data Protection Regulation 2016/679 were beginning to become clear. It discusses open issues, and daring and prospective approaches. It will serve as an insightful resource for readers with an interest in computers, privacy and data protection.

Economic activity, Professor Qureshi insists, is a visible manifestation of the human condition. Therefore, the laws that regulate it and develop its norms must be deeply human. International economic law must be ever-vigilant in its efforts to represent the economic needs of all strata of humanity - it must not allow the cultural imperatives of any one group to predominate. To investigate the validity of this deeply-held conviction, in May 2001 Professor Qureshi and the University of Manchester School of Law brought together a conference of major IEL scholars to elicit as broad a diversity of perspectives as possible. This book, grew out of that conference, with contributors and other scholars focusing and augmenting their standpoints in essays that crystallize the critical perspectives from which IEL may be viewed. Issues and topics that arise in the course of the investigation include the following: globalization and its institutions; the survival of the nation-state; the role of the International Court of Justice; sustainable development; developing countries and dispute settlement; developing countries and trade negotiations; regional integration; human rights and the "untouchability" of IEL; and the gender bias of basic IEL institutions and rules. There are also clear presentations of specifically Marxist and Islamic perspectives, and an analysis along lines of "fairness" as developed by Thomas Franck and John Rawls.

National practice, law, and jurisprudence on state aid are developing rapidly in the present context of EU decentralization. Although the EU rules governing state aid are widely discussed, there has been until now a dearth of practice-oriented material on the actual implementation of these rules at the national level. This important contribution to the ongoing debate on the reform of the state aid system addresses for the first time the full scale of procedural questions arising in the implementation of EU state aid law. It covers all issues, ranging from the intention to grant an aid via judicial protection for competitors right through to recovery of aid and judicial protection of the beneficiary.The book presents the documentation on state aid which was made available to the participants of the 22nd World Congress of the Federation Internationale de Droit Europeenne (FIDE) at Cyprus in November 2006. Detailed reports by well-known practitioners or professors of law discuss and analyze the implementation of EU State aid law in 17 EU Member States, as well as Norway, Switzerland, and Croatia. The national reports, based on a standard questionnaire, are preceded by an analytical general report, comparing and assessing results of the analysis of Member States' law in the light of Community law, and an EU report on state aid procedures.Issues addressed include the following: transparency obligations; ensuring compliance with the notification obligation; ensuring the compatibility of aid and the application of block exemptions; recovery of aid; limitation of judicial review; and the position of state aid debt in bankruptcy proceedings. No serious academic contribution to the present debate on the reform of state aid law can afford to ignore this book. As a unique and thorough overview of state-of-the-art knowledge on national law and practice on EU State aid matters, this compendium will be of inestimable value to practitioners involved in representing interests of beneficiaries and competitors before national authorities or national courts, or before the European Commission or European Courts. The analyses will also be welcomed by authorities granting state aid, including public enterprises.

EU Anti-Discrimination Law provides a detailed and critical analysis of the corpus of European Union law prohibiting discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation. It takes into account the changes brought about by the Treaty of Lisbon and contains a thorough examination of the relevant case law of the Court of Justice of the EU. The book examines the background to the legislation and explains the essential characteristics and doctrines of EU law and their relevancy to the topic of anti-discrimination. It also analyses the increasingly significant general principles of EU law, the Charter of Fundamental Rights, and the relevant law flowing from the European Convention on Human Rights. The key concepts contained in anti-discrimination law are subjected to close scrutiny. The substantive provisions of the law on equal pay and the workplace and non-workplace provisions of the governing Directives are similarly examined, as are the numerous exceptions permitted to them. The complex rules governing the rights of pregnant women and those who have recently given birth are dealt with comprehensively and in a separate chapter. Equality in social security schemes is also discussed. The book concludes with an assessment of the practical utility of the existing law and the current proposals for its reform.

This comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners. Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. Samuel

The practice of consultation between senior managers and employee representatives has a long history in British employment relations yet has often been overshadowed by discussions on collective bargaining. In the last few decades, the importance of consultation has been elevated by two main trends: the decline in trade union membership and the retreat from collective bargaining in the private sector on the one hand, with the result that consultation may be the only form of collective employee voice available; and the programme of legislative support for consultation by the European Union since the 1970s on the other. The book charts the meaning and development of consultation in the twentieth century and explores the justifications for the practice. It shows how EU intervention to promote consultation evolved and changed, paying particular attention to the adoption of the Information and Consultation of Employees (ICE) Regulations, which became fully operational in enterprises with 50 or more employees in 2008. Analysing the half-hearted response to EU consultation initiatives by the social partners in Britain, it provides a critical assessment of successive UK governments' handling of the issue. Drawing on the authors' empirical research in twenty-five organizations, the book closely examines the take-up and impact of consultation regulations, and explores the processes involved in effective consultation. Consultation at Work looks at the dynamics of consultation and draws a contrast between 'active' consultation of the type envisaged by the EU, and more limited consultation used as a means of communication. Discussing the UK experience in comparative perspectives, it asks what has to happen for the take-up of consultation to improve and suggests the changes that should be made to the EU Directive and UK ICE Regulations.

Leasing is the financial tool of the future for Latin America. A study of the causes, the evolution and the dimension of the external debt problem in Latin American lead the author to conclude that the flow of petrodollars in the 1970's to the oil producing countries in South America did not result in a real investment or economic growth. Growth did not occur because the fragile cash structure that exists in South America can allow for a deviation of cash flow to uses different from those originally intended. This sort of deviation can not occur with leasing because leasing does not provide for delivery of cash but rather of tangible and productive assets, which can not be diverted from their intended purpose. An overview of the leasing business in Latin America, including a description of its role in modern life, its potential use as a tool to satisfy market demand, and its legal nature and regulations that govern it are analyzed herein. Equipment leasing has become the dominant and most feasible tool for effectivizing sales of capital goods, equipment, machinery and technological devices to Latin America.

The laws of the Member States of the European Union and the tax treaties concluded by them - being part of their national laws - must be consistent with European Community law. Apart from EC Directives and Regulations, the EC Treaty itself contains rules directly applicable to matters of international taxation. In this context the decisions of the European Court of Justice on the fundamental freedoms laid down in the EC treaty are of primary importance. If a provision of a tax treaty is in conflict with the EC Treaty, it is superseded by the Treaty provisions. The EC Treaty may therefore have the effect of changing the content of tax treaties, a matter of crucial importance to international tax planning techniques. This collection of essays examines the effects of primary European Community law, in particular the fundamental freedom provisions in the EC Treaty, on tax treaties concluded by the Member States. Using the method of examination employed by the European Court of Justice, the contributors to this volume present a systematic analysis of the effects of the interaction of national tax law, tax treaty law and the EC Treaty.

The global economy poses major new questions for employment and social policy on an international scale. Governments worldwide face dilemmas; whether to liberalize trade and investment or opt for protectionism; and whether to create flexible or tightly regulated labour markets. These same questions are hotly debated within the World Trade Organization, the International Labour Organization, the International Monetary Fund and the World Bank, and also within regional blocs such as the European Union, NAFTA, MERCOSUR, APEC and SADC. For neo-liberals, as for old-style labour protectionists, the choices may appear to be relatively simple. But most Governments and policy makers are striving to achieve a balance between free trade and investment on the one hand and high employment and raised social standards on the other. This book, written by a leading authority on international labour law, provides a thorough and comprehensive analysis of the complex policy and legal choices which face those wishing pursue a broadly social democratic response to the removal of barriers to trade and investment in a globalized market economy dominated by transnational corporations.

The eight outstanding authors who have collaborated in this endeavour represent the highest levels of interaction among scholars, social partners, and EU institutions involved in the European Social Dialogue. This book is the final product of their Brussels conference in October 2002, organised by the Social Law Department of Ghent University. Their deeply informed contributions respond to such probing questions as the following:
- Does the much-talked-of European social model really exist?
- Are effective collective agreements feasible under the current EC Treaty?
- Is the conclusion of collective agreements negotiation or legislation?
- Can a viable compromise be achieved between the often contradictory aims of competition law and social policy?
The discussions include incisive analyses of relevant law and legal theory - pertinent EC Treaty provisions and directives, decisions of the Community's courts, existing and potential collective agreements - as well as declarations of the social partners and from Community institutions. The text of the work programme drawn up by ETUC, UNICE, and CEEP in November 2002 is reproduced in full.

How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and "look and feel". Galler's book is a succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.

This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the Constitution, and the political strategy and tactics used by the railroads to affect the judicial process, will gain new insights from this study. The introduction covers the disastrous defeat that the railroads suffered at the hands of the Supreme Court in the 1877 Granger Cases when the roads first challenged governmental regulation of railroad rates. Chapters 1 through 5 analyze their victories in the 1880s and 1890s as they sought to establish substantive due process as a valid doctrine. Chapters 6 through 9 describe the subsequent litigation to circumvent the Eleventh Amendment's apparent bar to injunction suits against state officers in the federal courts, culminating in a Supreme Court landmark decision of 1908. The epilogue shows how these decisions had a lasting impact on constitutional development in the United States in relation to civil liberties and contemporary constitutional law.

The current theory of corporate social responsibility (CSR) is developing along three interwoven lines - oral, social, and environmental. Although everybody recognizes that although CSR is of growing concern in a globalized economy, it being at the top of the board of director's agenda and also good for business, there is no sign of consensus on its rules, structures, or procedures. Now, this collection of essays by leading jurists, businesspeople, and academics takes a giant step toward a more cohesive and durable set of principles that can contribute to a cleaner environment and a better society while respecting and protecting the interests of all stakeholders. The authors approach this complex but critical subject from a variety of perspectives, including the following: * the role of CSR in corporate governance; * the legal enforceability of CSR rules; * the impact of international human rights standards; * CSR as part of 'corporate DNA'; * choice of CSR strategy - defensive or offensive; * the need for fair competition between developing country exporters; * the prospects for international social protection for workers; * enforcement of minimal standards in remote locations; * the active search for eco-efficient solutions; * corporate assumption of human rights responsibilities; * the legal weight of codes of conduct; and * the role of the lawyer in CSR. In a world where the annual income of the five largest business corporations is more than double the combined GNPs of the fifty poorest countries, the need for meaningful standards of corporate social responsibility should be obvious. The well-informed and considered analyses in this remarkable volume provide an excellent starting point for those anxious to move the agenda forward in this area that, despite the efforts of many companies, often seems so intractable. The book will be of immeasurable value to all professionals and academics in relevant fields of law, policy, and business.

In the past twenty years action in respect of the profits of crime has moved rapidly up the criminal justice agenda. Not only may confiscation orders be made,but there are also now serious substantive criminal offences of laundering the proceeds of crime. Moreover, the consequences of the regulatory regimes put in place by the Money Laundering Regulations 1993 and the Financial Services Authority are very significant. This book examines critically the history, theory and practice of all these developments, culminating in the Proceeds of Crime Act 2002, which marks another step in the move towards greater concentration both on the financial aspects of crime and on the internationalisation of criminal law. The Act puts in place the Assets Recovery Agency, which will be central to the strategy of targeting criminal monies and will have power to bring forfeiture proceedings without a prior criminal conviction and to raise assessments to taxation. The author subjects the law of laundering, especially the novel aspects of the Proceeds of Crime Act itself, to thorough analysis and a human rights' audit. Contents: Introduction; The Economics of Money Laundering; Theory: Justifications for Forfeiture, Confiscation, and Criminalisation; History of Forfeiture and Confiscation Provisions; The International Dimension; Forfeiture Provisions; Statutory Confiscation Provisions; Investigatory Powers; Beyond Confiscation - Criminalisation; Acquisition and Deployment of Money for Terrorism; Confiscation without Conviction - 'Civil Recovery'; Money Laundering and the Professions

This book seeks to enrich and, in some cases, reverse current ideas on corruption and its prevention. It is a long held belief that sanctions are the best guard against corrupt practice. This innovative work argues that in some cases sanctions paradoxically increase corruption and that controls provide opportunities for corrupt transactions. Instead it suggests that better regulation and responsive enforcement, not sanctions, offer the most effective response to corruption. Taking both a theoretical and applied approach, it examines the question from a global perspective, drawing on in particular a regulatory perspective, to provide a model for tackling corrupt practices.

This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, that is, restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which, at the beginning of the 21st century, has only been examined by legal scholars to a minor extent.

This volume contains sections on company law, dispute resolution, employment law, insolvency law, intellectual property law, taxation and finance and other general commercial issues. There are a number of chapters which tackle cross-border issues, such as taxation, jurisdiction and arbitration, while others concentrate on specific geographical areas, such as the Asia-Pacific region. Some authors explore problems in the workplace, including the reduction of the workforce and incidents of racial discrimination within it, issues of which all employers need to be aware. Also examined are those subjects which are ever-present in the life of a business, among them bankruptcy and insolvency, procurement, intellectual property, investment, contracts and other matters of company law. Other chapters comprise an in-depth look at the Vienna Convention on the "International Sale of Goods", a specialized discussion of patent second medical use claims, an explanation of how criminal sanctions are being applied to crimes against the environment, a report of the devaluation and dollarization of an economy and an interesting insight into the effects of a nation's culture and traditions upon its legal system. This volume of the yearbook contains chapters on a wide variety of issues which arise regularly in the commercial world, but it also contains discussions on more specialized topics. These will not only be of use to the practitioners and business people involved in those areas, but should be useful reading for those who are not and provide an introduction to subjects which they may find useful in the future.