Ffrench's book offers a way out of the pervasive confusion that has frustrated efforts of companies attempting to deal with foreign regulatory practices. Designed as a practical, comprehensive guide, it is the only work to present securities law and regulation for all of North, Central, and South America. In addition it provides details concerning various nations' business organizations, regulatory institutions, anti-trust laws, foreign investment laws, laws of insider trading, and labor laws. The author includes complete coverage of the intricate statutory regulations and case law of the United States and Canada, and he advances reform proposals that would simplify take-over and merger regulation in these and other countries.

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.

This volume, the second in the series, contains some of the most recent and important work of the leading scholars in labor and employment law. It includes the papers presented at workshops sponsored by the Center for Labor and Employment Law at NYU School of Law in 2000 and a recent paper by one of the Center's Research Fellows. Two of the papers consider the implications of a new conception of the workplace. Professor Katherine Stone considers the implications of the decline of long-term employment, and Professor Cynthia Estlund considers the role of the workplace in establishing relationships necessary to a healthy democracy in a diverse society. Professor Lynn Stout considers a provocative implication of a deeper understanding of the corporate form and the stock market -- that a rise in share price does not signal an equivalent increase in the value of the firm. Professor Steven Abraham and his co-author also look at stock price, but they do so to assess the impact of the United States Supreme Court's decision in Gilmer. Recent Supreme Court decisions in Faragher and Ellerth are the subject of the contribution of Professor David Sherwyn, one of the Center's Research Fellows and a coeditor of this volume. Professor Mitu Gulati and his co-authors offer an empirical study of the labor market for lawyers that has profound implications for both legal education and for the way law firms select associates. Also included here are excerpts from Professor William Gould's memoir of his years as Chair of the National Labor Relations Board.

This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

The implementation of disarmament requirements imposed by the Security Council after the Second Gulf War established a strong and unequal power relationship between the United Nations and Iraq. Although the ensuing struggle over imposed disarmament has been a major issue in world politics, international relations theorists continue to ignore it. Deaver argues that this case has important theoretical implications. Using sociological insights and a behavioral approach, he examines the power relationship as well as Iraqi resistance from 1991 to 1998. Theorists are likely to find these analytic tools useful since they provide a ready means of studying the micro-foundations of power relations in generalized terms. Behavior such as supervision, surveillance, inspection, and monitoring are widespread and growing in world politics. A focus on tactics demonstrates the role of monitoring in maintaining and strengthening the relationship between the United Nations and Iraq. An analysis of dynamics makes comprehensible Iraqi losses of sovereignty and the eventual collapse of the relationship. Contrary to popular opinion, whoever escalated tensions hurt their own cause: Iraqi resistance contributed greatly to United Nations gains, while the United Nations successes led to the collapse of its relationship with Iraq.

Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU's strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.

"Most VAT systems exclude public bodies from the scope of value added tax (VAT) systems. However, a movement to include public sector bodies within the GST system to some extent or even fully (as in New Zealand) is gaining momentum, and underlies the European Commission's 2011 study on the treatment and economic impact of exemptions in the public interest. Whether the present EU treatment really is as bad as some of its critics suggest, and whether the New Zealand model really is so perfect that jurisdictions with exclusion models ought simply to replace these existing systems with a New Zealand style system: these are the questions which triggered this research and which form the basis for the critical analysis contained in this book."

The Finnish Yearbook of International Law aspires to honour and strengthen the Finnish tradition in international legal scholarship. Open to contributions from all over the world and from all persuasions, the Finnish Yearbook stands out as a forum for theoretically informed, high-quality publications on all aspects of public international law, including the international relations law of the European Union. The Finnish Yearbook publishes in-depth articles and shorter notes, commentaries on current developments, book reviews and relevant overviews of Finland's state practice. While firmly grounded in traditional legal scholarship, it is open for new approaches to international law and for work of an interdisciplinary nature. The Finnish Yearbook is published for the Finnish Society of International Law by Hart Publishing. Earlier volumes may be obtained from Martinus Nijhoff, an imprint of Brill Publishers. Further information may be found at www.fsil.fi/fybil

This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.

A point-counterpoint challenge of the views expressed by Vice President Al Gore in Earth in the Balance, this important study questions current assumptions about the cost and effectiveness of environmental laws and policies, revealing the crucial link between programs of population control and long-term environmental goals. Governmental policy on the environment, as well as private environmental action, has typically been curative and reactive in nature--directed towards cleaning up past disasters and limiting the types and amounts of pollutants emitted. But what is the cost-effectiveness of such policies at a time when the population of the world continues to expand at an exponential rate? And what should be the role of population control in environmental policy? Robert Hardaway explores these issues and questions, refocusing attention on the importance of population growth to environmental quality. Synthesizing contemporary population theories in the context of environmental policy, Hardaway relates population, law, and the environment to abortion, immigration, education, and economic regulation.

The book covers contributions from 18 authors from different countries and analyses the recent case law of the ECJ on the external competences of the European Union. It deals with the impact of EU values on its relations with the Eastern neighbouring countries. The first part focuses on the evolution and current challenges of the external actions of the European Union, while the second part presents the EU cooperation with its Eastern neighbourhood and Eurasia. The book addresses the Association Agreements with the countries of the Eastern Partnership with its Eastern neighbourhood and Eurasia, the enhanced Partnership Agreements in the Eastern neighbourhood and post-Soviet area, and the current and future contractual relations with Eurasian Economic Union and its member states.

"This book offers the ideal way for foreign lawyers, business executives, accountants, and professional advisors, to get a solid understanding of Dutch corporate law. This book represents a unique publication in the English language, and an indispensable tool for anybody who is involved in corporate matters in the Netherlands. Many international companies are or use Dutch holding companies. Therefore, the book addresses a wide audience. The book incorporates recent substantial changes in corporate law in the Netherlands."

Competition law has traditionally been enforced in Europe via a public administrative authority, primarily the European Commission, but also increasingly by Member State National Competition Authorities. However, public enforcement does not compensate victims of competition law infringements. Private enforcement is central to US antitrust law enforcement, and the availability of class actions underscores the importance of consumer rights and redress. Over the last 20 years there has been considerable debate and developments in the EU to facilitate and encourage private enforcement, in particular in relation to consumer redress.

This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The 'existential' crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights' regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.

One of the greatest figures in modern international law, James Brown Scott 1866-1943] intended to publish an autobiography titled Adventures in Internationalism. He wrote a few paragraphs for this book, but he never completed it. He decided instead to entrust his life's story to George A. Finch, a protege and friend. Finch began work on a biography with Scott's participation in the late 1930s, but he never completed it. Using Finch's manuscripts and notes Butler has produced a compelling study of Scott's key role in the international law movement, participation in several important diplomatic conferences and work as an author, secretary of the Carnegie Endowment for International Peace and guiding force behind the American Society of International Law. " Scott] fathered and fostered the development of international law during the greatest period of its history." --Manley O. Hudson, Harvard Alumni Bulletin XXXIII No. 14 (1 January 1931) 419. George A. Finch 1884-1957] was James Brown Scott's assistant and literary executor. He served as assistant director of the Division of International Law at the Carnegie Endowment, and, upon Dr. Scott's retirement, became that division's secretary and director. He was president of the Inter-American Academy of International and Comparative Law and held several positions at the American Society of International Law. At the time of his death he was honorary vice-president of the society and the honorary editor of its journal. He was the author of The Sources of Modern International Law (1937). William E. Butler is the John Edward Fowler Distinguished Professor of Law at Penn State University's Dickinson School of Law. He is the preeminent authority on the law of Russia and other former Soviet republics and the author, co-author, editor, or translator of more than 120 books on Soviet, Russian, Ukrainian and other Commonwealth of Independent States legal systems. Professor Emeritus of Comparative Law at the University of London, Professor Butler is the founder and director of The Vinogradoff Institute, which operates as a unit of Penn State Dickinson. The recipient of numerous honors for his service to Russian and international law, Professor Butler is an Academician of the National Academy of Sciences of Ukraine and the Russian Academy of Natural Sciences and is serving his third term as a member of the Russian International Court of Commercial Arbitration.

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.