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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
This book is a compilation of the best papers presented at the 2022 edition of the Asia-Pacific Conference on Economics & Finance (APEF), which is held annually in Singapore. With a great number of submissions, it presents the latest research findings in economics and finance and discusses relevant issues in today's world. The book is a useful resource for readers who want access to economics, finance and business research focusing on the Asia-Pacific region. The APEF 2021 conference was conducted virtually due to the Covid-19 pandemic.
First useful book for professionals to be published in the wake of the Grenfell Fire Reforms will bring in much change to the industry and construction professionals will need guidance
First useful book for professionals to be published in the wake of the Grenfell Fire Reforms will bring in much change to the industry and construction professionals will need guidance
NEC Managing Reality: A Practical Guide to Applying NEC3 is a series of books written by NEC experts well versed in using the NEC `at the coal face' that explain how the NEC can be used to optimum benefit in everyday environments. The second edition includes full updates to each of the five books: Introduction to the engineering and construction contract; Procuring an engineering and construction contract; Managing the contract; Managing change; Managing procedures. This new edition focuses solely on NEC3, with new practical examples from across the world. Sections on disallowable cost, defects, roles/responsibilities and schedule of cost components have been expanded and enhanced.
This book analyses different strategies and their results in implementing financial regulation in terms of rule-making, public enforcement and private enforcement. The analysis is based on a comparative study of conduct of business regulation on mis-selling of financial instruments in the UK and South Korea. It extends into liquidity regulation in the banking sector and credit rating agency regulation. The book concludes that in rule-making, purposive rules are more effective for achieving regulatory goals with minimal undesirable results, but a rule-making system with purposive rules can only work on a foundation of trust among rule-makers, enforcers and the regulates, that with respect to public enforcement, the enforcement strategies should combine the compliance-oriented and deterrence-oriented approaches and be continuously adjusted based on close monitoring of the regulatory outcomes and that in private enforcement, regulation should be instituted as the minimum requirement in private law.
This book gathers selected peer-reviewed papers from the 14th World Congress on Engineering Asset Management (WCEAM), which was held in Singapore on 28-31 July 2019, as well as papers presented during the 1st WCEAMOnline event which focused on the ramifications of Covid-19 on infrastructure systems. This book covers a wide range of topics in engineering asset management, including: asset management services provisioning; servitization; decision-making; asset management systems; industrial Internet of things; and vulnerability and resilience of infrastructure systems. The breadth and depth of these state-of-the-art, comprehensive proceedings make them an excellent resource for asset management practitioners, researchers and academics, as well as undergraduate and postgraduate students.
Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.
This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among others, ethical, social, and environmental factors. A variety of social enterprise models are emerging internationally and are proving their vitality and importance. But what does the term "social enterprise" mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies worldwide. This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics.
This book articulates and explores the realities of contemporary international anti-corruption law. As corruption has increasingly become a major topic in international affairs, Liu analyzes the global collaboration against transnational bribery. As China's economic reforms are increasingly articulated in a language of law, governmentality, and anti-corruption, it is essential that scholars, policymakers and legal theorists around the world understand the issues at stake. In this elegant text, Liu lays out the issues clearly, establishes methodologies for analysis, and provides policy proposals for the years to come.
This book discusses the proper use of legal language in business communication. While communicating, a business leader has to bear in mind the relevant legal framework, and be sure to never violate it. However, legal language in itself can be so complex and difficult that it is often unclear as to what meaning can be ascribed to different words and phrases used in a particular context. Also, while it's easy to say that there are certain limits to the law, those limits are not readily visible to the uninitiated; occasionally, even experts flounder. Exploring precisely these topics, the book will be of interest to students of business, law, and business communication; managers; lawyers; researchers; practitioners; and general readers alike.
This book is quite simply about contract administration using the JCT contracts. The key features of the new and updated edition continue to be its brevity, readability and relevance to everyday practice. It provides a succinct guide written from the point of view of a construction practitioner, rather than a lawyer, to the traditional form of contract with bills of quantities SBC/Q2016, the design and build form DB2016 and the minor works form MWD2016. The book broadly follows the sequence of producing a building from the initial decision to build through to completion. Chapters cover: Procurement and tendering Payments, scheduling, progress and claims Contract termination and insolvency Indemnity and insurance Supply chain problems, defects and subcontracting issues Quality, dealing with disputes and adjudication How to administer contracts for BIM-compliant projects JCT contracts are administered by a variety of professionals including project managers, architects, engineers, quantity surveyors and construction managers. It is individuals in these groups, whether experienced practitioner or student, who will benefit most from this clear, concise and highly relevant book.
As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its fourth edition (NEC4), this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC4 Professional Service Contract uses plain English to lead the reader through the NEC4 Professional Service Contract's key features and differences from its predecessor, the NEC3 Professional Services Contract, including: Main and Secondary Options the use of early warnings programme provisions payment compensation events preparing tender documents Common problems experienced when using the Professional Service Contract are signalled to the reader throughout, and the correct way of interpreting each clause explained. The way the contract affects procurement processes, dispute resolution, project management and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practising international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC4 Professional Service Contract available. It is an ideal companion for Clients, Contractors, Service Managers, Project Managers, Supervisors, Engineers, Architects, Quantity Surveyors, Subcontractors and anyone else interested in working successfully with the NEC4 Professional Service Contract.
This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.
This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.
The Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey's new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.
This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.
The Rise of the Uncorporation covers the history, law, and finance of unincorporated firms. These "uncorporations" including general and limited partnerships and limited liability companies, are now the dominant business form of non-publicly-traded firms. Through private equity and publicly traded partnerships, uncorporations have emerged as a significant force in the governance of a wide range of the biggest firms. This is the first general theoretical and practical overview of alternatives to incorporation, including ancillary concepts connected with the evolution of these firms, and analysis of likely future trends in business organization. The Rise of the Uncorporation provides a clear and easily understandable theoretical and practical background to this important subject.
This volume examines the controversy surrounding the use of competition law to combat excessive pricing. While high or monopolistic pricing is not regarded as an antitrust violation in the US, employing abuse of dominance provisions in competition laws to fight excessive pricing has gained popularity in some BRICS jurisdictions and a number of EU-member states in recent years. The book begins by discussing the economic arguments for and against the prohibition of excessive or unfair prices by firms with market power. It then presents various country studies, focusing on developed countries (such as the UK and Israel) and on the BRICS countries, to highlight various practical challenges involved in recognizing excessive prices as abusive conduct on the part of dominant firms, including how to define, measure and identify excessive prices. The contributors also discuss other policy options that can be used to fight excessive prices in order to protect consumer welfare.
This book is a step-by-step practical guide on how to achieve successful projects in EPC/turnkey contracting and construction. Mapping out the shape of a project, the book spells out where things often go wrong, where and why disputes arise, and how to avoid conflicts. It is a key reference point for all involved in the contract, making it attractive to legal practitioners, construction industry professionals, and government officials involved with these projects.
Towns are complicated places. It is therefore not surprising that from the beginnings of urban development, towns and town life have been regulated. Whether the basis of regulation was imposed or agreed, ultimately it was necessary to have a law-based system to ensure that disagreements could be arbitrated upon and rules obeyed. The literature on urban regulation is dispersed about a large number of academic specialisms. However, for the most part, the interest in urban regulation is peripheral to some other core study and, consequently, there are few texts which bring these detailed studies together. This book provides perspectives across the period between the high medieval and the end of the nineteenth century, and across a geographical breadth of European countries from Scandinavia to the southern fringes of the Mediterranean and from Turkey to Portugal. It also looks at the way in which urban regulation was transferred and adapted to the colonial empires of two of those nations.
As use of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding NEC3: Professional Services Contract uses plain English to lead the reader through the NEC3 Professional Services Contract's key features, including: Main and Secondary Options the use of early warnings programme provisions payment compensation events preparing and assessing tenders. Common problems experienced when using the Professional Services Contract are signalled to the reader throughout, and the correct way of reading each clause is explained. The ways in which the contract affects procurement processes, dispute resolution, project management and risk management are all addressed in order to direct the user to best practice. Written for construction professionals, by a practising international construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 PSC available. It is an ideal companion for Employers, Consultants, Contractors, Engineers, Architects, Quantity Surveyors, Subcontractors and anyone else interested in working successfully with the NEC3 PSC.
Electrician's Guide to the Building Regulations includes the latest guidance on third-party certification schemes and covers relevant parts of the Building Regulations, including Fire Safety, Ventilation and Conservation of Energy. This guide has been fully updated to BS 7671:2018+A2:2022. BS 7671:2018+A2:2022 incorporates changes from the first amendment, published in 2020, regarding Electric Vehicle Charging Installations to provide greater guidance on embracing changing technology within this sector. Additional changes within the second amendment include protection against thermal effects and fire caused by electrical equipment, protection against voltage disturbances and electromagnetic disturbances, and a new chapter on prosumer's low-voltage electrical installations covering energy efficiency measures, the interface with the smart grid, the management of electricity consumption, the management of renewable sources of electricity, and energy storage.
This book details some of the most important and interesting questions raised about the NEC4 family of contracts and provides clear, comprehensive answers to those questions. Written by an NEC expert with over 20 years' experience using, advising and training others, the book has several distinctive features: It covers the whole NEC4 family It is written by a very experienced NEC author who explains sometimes complex issues in a simple and accessible style The questions and answers range from beginner level up to a masterclass level The questions are real life questions asked by actual NEC practitioners on real projects. The book includes questions and answers relating to tendering, early warnings, programme issues, quality management, payment provisions, compensation events, liabilities, insurances, adjudication, termination and much more. It is essential reading for anyone working with the NEC4 family of contracts, whether professionals or students in construction, architecture, project management and engineering.
Erster Teil: Zu den allgemeinen Lehren des einstweiligen Rechtsschutzes.- Zweiter Teil: Die Gewahrung einstweiligen Rechtsschutzes durch den Gerichtshof der Europaischen Gemeinschaften.- Dritter Teil: Nationaler einstweiliger Verwaltungsrechtsschutz im Widerstreit von Gemeinschaftsrecht und nationalem Verfassungsrecht.- 1. Kapitel: Darstellung neuerer Urteile des EuGH zum nationalen einstweiligen Rechtsschutz.- 2. Kapitel: Die sog. "indirekten Kollisionen" zwischen nationalem Verfahrensrecht und Gemeinschaftsrecht.- 3. Kapitel: Zulassigkeit und Grenzen der Zulassigkeit von Relativierungen grundgesetzlicher Vorgaben beim Vollzug des Gemeinschaftsrechts am Beispiel des deutschen einstweiligen Verwaltungsrechtsschutzes.- 4. Kapitel: Paradigmenwechsel in der EuGH-Rechtsprechung: Gestaltender Eingriff in den nationalen einstweiligen Verwaltungsrechtsschutz.- 5. Kapitel: Zur Erstreckung der "Suderdithmarschen"-Doktrin auf (positive) einstweilige Anordnungen: "Atlanta Fruchthandelsgesellschaft u.a../. Bundesamt fur Ernahrung und Forstwirtschaft" Rs C-465/93.- Vierter Teil: Die Gewahrung einstweiligen Rechtsschutzes im Rahmen des Vorabentscheidungsverfahrens (Art. 177 EGV).- 1. Kapitel: Gewahrung einstweiligen Rechtsschutzes und Vorlagepflicht mitgliedstaatlicher Gerichte.- 2. Kapitel: Nationales Eilverfahren und Vorabentscheidungsverfahren gemass Art. 177 EGV: Der Gerichtshof der Europaischen Gemeinschaften als gesetzlicher Richter i.S.d. Art. 101 Abs. 1 S. 2 GG.- Thesenartige Zusammenfassung.- Summary: Interim Relief and the European Union.- Council of Europe, Committee of Ministers Recommendation No. R (89)8 of the Committee of Ministers to Member States on Provisional Court Protection in Administrative Matters.
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