The comprehensive guide to all the essential legal and business considerations in structuring domestic and international strategic business alliances. Readers are provided with a clear and concise introduction to the various domestic and international laws and regulations that impact strategic business relationships, including intellectual property law, antitrust law, commercial law, tax law, agency and distribution laws, and foreign investment laws. An indispensable resource for consummating sales representation arrangements, licensing arrangements, research and development arrangements, manufacturing and distribution arrangements, joint ventures, equity investment, and negotiated acquisitions. The book is intended for entrepreneurs, executives, and professionals. Entrepreneurs, executives, lawyers, accounts, and others involved in structuring cooperative business arrangements will benefit from the step-by-step approach to each strategic business relationship. The book provides guidance on each of the crucial steps in the negotiation process, including the selection of the prospective strategic business partner, the protection of trade secrets and confidential information, the due diligence process, representations and warranties, and dispute resolutions. Readers will gain an understanding of the essential bodies of law that might affect a relationship, such as intellectual property law, antitrust and competition law, laws relating to the sale of goods, agency and distribution laws, tax laws, export controls and antiboycott laws, and foreign inbound investment and technology transfer laws. The book covers each basic strategic business relationship that a firm might enter into to facilitate the development, manufacture, and distribution of products and services, including long-term functional contracts and joint ventures, minority investments, and negotiated acquisitions.

This unique text deals with the most important legal areas for e-commerce related business in most of the member states in Europe as well as the USA. In doing so the text takes into consideration the national law of the following countries: Belgium, France, Germany, Great Britain, Italy, Netherlands, Norway, Spain, Switzerland, and the USA. Topics that are dealt with include: contract law, consumer protection, intellectual property law, unfair competition, antitrust law, liability of providers, money transactions, privacy and data protection. The country-specific contributions follow a questionnaire which can be found in the beginning. The uniform structure of each contribution enables the reader to quickly find an answer to a legal question. All contributions have been written by experts from each member state.

Money laundering has been around as long as there have been illicit businesses, since criminals have always had to convert their ill-gotten gains into clean financial instruments in order to utilize them in legitimate business. Grosse explores how drug traffickers turn profits from street sales of cocaine and crack into bank accounts, airplanes, securities investments, and other uses. These schemes are both creative and extensive, from shipping suitcases of dollars to Mexico, to buying gold with drug cash in California, to faking the export of clothing from Colombia to Panama. The amounts of money involved are often staggering--hundreds of millions of dollars in most cases. Grosse also considers some of the issues raised by money laundering. He offers advice to banks and other financial institutions that hope to avoid becoming involved in a money laundering process. He examines the social costs and benefits of money laundering, in particular the charge that the rapid development of Miami in the 1980s was due directly to the hundreds of millions of cocaine dollars invested in real estate and businesses by the "cocaine cowboys." Increasing law enforcement has, in Grosse's opinion, only resulted in more clever laundering schemes, and recent discussion about legalizing narcotics will prove even more costly for the United States.

This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU's contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU's structure and problem-solving capacities.

Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960's. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state.

Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the "Charter."" "Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

This important new work examines fundamental, but hitherto neglected, issues of national criminal law. Where and to whom does that law apply? When can domestic law apply to conduct that takes place abroad? The author examines the territorial and extraterritorial application of the criminal law, identifying defects, lacunae, and historical accidents, and suggests possible reforms.

How much has the European Parliament contributed to true integration of the economic, social, and political life of Europe? Twelve original, thought-provoking essays attempt to answer that question. Contributors are some of the leading American and European experts on the European Community.

The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law. The chapters are all put in the perspective of the innovative sports law doctrine that is developed and presented in the opening chapter on what sports law is. After a general coverage of the core concept of "sport specificity" (that is whether private sporting rules and regulations can be justified notwithstanding they are not in conformity with public law), the book covers the following specific main themes of International and European Sports Law (capita selecta): comparative sports law; competition law and sport; the collective selling of TV rights; sports betting; Social Dialogue in sport; sport and nationality; professional football transfer rules; anti-doping law in sport; transnational football hooliganism in Europe; international sports boycotts. In this book association football ("soccer") is the sport that is by far most on the agenda. It is the largest sport in the world and most popular all over the globe. The elite football in Europe is a day-to-day commercialized and professionalized industry, which makes it a perfect subject of study from an EU Law perspective.

This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.

There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

This book reviews the long history of U.S. shipping policy, and explains the present challenges (including the increasing use of open register arrangements). U.S. labor problems, tort and liability risks, environmental and safety regulations, and coastal and harbor security issues receive heavy emphasis. Options for reviving U.S. shipbuilding are analayzed, along with balance of payments implications, and sealift and national security requirements. The book offers a detailed program for American maritime renewal. It is intended for maritime, national security, international trade, and foreign policy audiences. Extensive data and tables allow for a comprehensive assessment of the U.S. merchant marine and the global shipping industry, with substantial historical background.

Nearly two thirds of world shipping is done under flags of convenience. The significant over-tonnaging, subsidies and/or restrictions, and shipping friendly policies present in many countries create strong competitive pressures. Unfortunately, the U.S. and British merchant marines are in serious decline. But the Japanese, Chinese, Greeks, and Scandinavians are thriving at sea. And many European Union, Asian, and former Eastern bloc nations are likely to remain determined competitors.

U.S. maritime policies need overhaul and a more realistic outlook. This book reviews the long history of U.S. shipping policy, and explains the present challenges (including the increasing use of open register arrangements). U.S. labor problems, tort and liability risks, environmental and safety regulations, and coastal and harbor security issues receive heavy emphasis. Options for reviving U.S. shipbuilding are analayzed, along with balance of payments implications, and sealift and national security requirements. The book offers a detailed program for American maritime renewal. It is intended for maritime, national security, international trade, and foreign policy audiences. Extensive data and tables allow for a comprehensive assessment of the U.S. merchant marine and the global shipping industry, with substantial historical background.

This volume contains the German National Reports on Public Law presented at the XVIIth Congress of the International Academy of Comparative Law, Utrecht 2006.

The authors are senior and junior research fellows at German universities and research centres. Their articles provide an overview over recent developments and new issues in both European Constitutional and German Public Law from a German perspective and offer an in-depth analysis of the legal issues discussed.

The book offers scholars as well as practitioners a sound basis for studies on a wide range of current and interesting issues in the field of comparative law.

Abstruse legal phrases often inform our understanding of intricate cases. But those situations are also led, not outpaced, by basic equity principles of life itself. What statisticians call the law of large numbers and intelligence analysts in the world of science fiction know as the Bergofsky Principle is our structural faith in empirical knowledge. In this day, this process of experience and learning has moved into an international and interdisciplinary scale. That idea cannot be lost on us. Around the world, business and political leaders work together to realize common goals. But how does the rule of law impact these developments in strategy and technology, sustainable development, and access to justice? Armed with realism, Changing Face of the Law: A Global Perspective actively explores the legal traditions of the United States, India, and other commonwealth nations. A budding lawyer, author Riddhi Dasgupta provides an insider's look at the link between the rule of law and corporate ethics, the law's imagination, and our global dialogue. Lawful governance, or Gandhi's swaraj, is our linchpin. perspectives of law. Giving us examples of this approach in the areas of free thought, federalism and development, and the law's role as a teacher, Dasgupta pinpoints the 'active liberty of the world's citizens-their own governance-as the key issue. Every generation has its challenges, and ours lie in combating the emergent economic, health, corruption, and terrorism crises through the rule of law. Each sector in our society (from multinational corporations to social groups) is a vital piece of the puzzle. There is no doubt that the success or failure of this collaboration will measure our legacy.

This is an interdisciplinary study of how power, security, polarity and the primacy of sovereign states play out in an international context that has witnessed the rise of non-state actors. It provides an updated analysis of the complex relationship of anarchy, power and politics by addressing issues of self-defense in a unipolar order.

Sales taxes including gross receipt taxes, retail sales taxes and value added taxes are a key part of the fiscal revenue of many countries. Given an increasinglyglobal economy and the recent stresses to which it is been subjected manyissues come into play in connection with the legal, tax policy and economicimplications presented by the taxation of international transactions.

How is the international responsibility of the European Union determined? In the context of the multilayered and ever-evolving EU legal order, the Lisbon Treaty has introduced considerable changes to the EU's participation in international affairs. These have rendered this thorny question an even more pressing concern, not only for the EU and its Member States, but also for third countries and international organizations. Based on papers delivered at the bi-annual EU/International Law Forum organized by the University of Bristol in May 2011, this volume brings together EU and international law experts to address the various questions raised by the EU's international responsibility. The book discusses horizontal issues, such as the concept of responsibility of international organizations in the evolving international legal order and the different techniques available for determining responsibility. It also focuses on specific policy areas (trade, finance and investment, environment, security and defense, and human rights) by approaching them from both an EU and international law perspective.

A Documentary History of the Campaign to Create the American Institute of International LawThe American Institute of International Law was established in 1912 by James Brown Scott and Dr. Alejandro Alvarez, a distinguished Chilean international lawyer. It aimed primarily to foster better relations between the United States and Latin America. Active until 1938, it submitted several recommendations concerning international organizations, including 30 draft projects to the Pan American Union, which placed 27 of them before the International Commission of American Jurists for the Codification of International Law. Among the subjects were statehood, aliens, law of treaties, diplomatic and consular agents, neutrality at sea, asylum, duties of states in the event of civil war, and the peaceful settlement of disputes. No less than thirteen of these drafts were incorporated into the codifications produced by the Commission. This volume documents the campaign to create the American Institute of International Law and reproduces the original proposal and the principal documents leading to the creation of the Institute. In a broader sense, it offers an interesting legal perspective on the history of inter-American relations and the period when international lawyers began to influence the direction American of foreign policy.James Brown Scott 1866-1943] played a leading role in the establishment of public international law from the 1890s to the 1940s. The author of over 1,000 books and articles, he was a professor, administrator, editor, public lecturer, as well as a lawyer, diplomat and an advisor to seven presidents, ten secretaries of state and several foreign governments. He was also a tireless organizer. In addition to his leading role in the creation of American Institute of International Law, he helped to establish the American Society for Judicial Settlement of International Disputes and the American Society of International Law (ASIL)."Before Dr. Scott began his crusade, international law as a science had barely emerged from the cloister; indeed, not so many years before it had been taught in connection with theology. The subject is now included in the curricula of many colleges and universities and of the larger law schools in the United States. Specially qualified professors, in the larger institutions more than one, devote their whole time to teaching it. The classes are numbered by the hundreds and the students by the thousands. No statement made by informed leaders of opinion in this and other countries has been or can be made regarding the restoration of peace and order in the world without basing their hopes upon the foundations of international law."George A. Finch, "James Brown Scott, 1866-1943," American Journal of International Law 38 (1944) 217. 38 Am.

Responsive Legality is an important book about twenty first century justice. It explores the legal and moral values that twenty-first-century public officials use to make their decisions, engaging existing theoretical models of administrative justice and updating them to reflect changed twenty-first-century conditions. Together, these features of twenty-first century public administration are coined 'responsive legality'. Whereas twentieth-century public officials were generally driven by their concern for bureaucratic rationality, professional treatment, moral judgement and - towards the end of the century - the logics of 'new managerialism', the twenty-first-century public official embodies greater complexity in their characteristic pursuit of substantive and procedural justice. In responsive legality, government decision makers show a distinct concern for the protective parameters of the rule of law, a purposive pursuit of fair outcomes and a commitment to flexible decision making.

Variations of conciliation are included in many instruments, particularly in multilateral agreements concerning the environment, human rights, international trade and investment protection. Conciliation is also used on an ad hoc basis for the resolution of disputes between States, such as in border conflicts. Nevertheless, the method is rarely studied in depth from either a legal or political aspect. Focusing on conciliation in a broad sense (including variations of mediation, inquiry and non-compliance mechanisms), Sven Koopmans offers a timely discussion of non-binding dispute settlement between States. The book argues that the lack of familiarity with conciliation both causes its popularity in treaties and its difficulties in practice. The author proposes a new way of looking at conciliation and at its potentials and restrictions, and assesses the usefulness of this way of settling disputes.