Mega-projects descending into chaos and litigation embarrass governments all over the world, as the public sector presides over fiascos that waste billions and destroy reputations. Inquiry after Inquiry finds the damaging and costly failures of major government projects can be traced back to the contract establishment process. Procuring Successful Mega-Projects, is a mentor's guide for project directors, providing frank, fearless, practical advice on how to set up a major government contract that won't end up in court. It's all there: How to develop and negotiate a contract that doesn't contain undeliverable obligations or perverse incentives but does contain the necessary provisions for successful project management. How to navigate the pitfalls of the public sector environment, from hiring freezes and governance frameworks to the complexities of managing the relationship with the Minister. How to select and manage the lawyers and other advisers, build the adviser-client relationship and recognise that unwelcome advice may not be unhelpful. How to structure and follow a bullet-proof procurement process that is fair to bidders and delivers great outcomes. Procuring Successful Mega-Projects is essential reading, not just for the project director, but for everyone with a stake in the success of a mega-project: public sector executives; Ministers; private sector tenderers; infrastructure lenders; legal, financial and technical professional service providers; and procurement and project management professionals.

This work investigates the challenges of enforcement of patent rights in geographically divisible inventions. It considers aspects of technological progress which pose challenges to the established system of patent protection based on the territorial limitation of rights. The analysis focuses on substantive patent law, especially on the infringement provisions. It is carried out in the context of Internet-related inventions, which demonstrate an extraordinarily construed technical nature, namely geographical divisibility. This leads to the inquiry of whether the infringement standard is appropriate in relation to the technological development in ICTs.

Contents:
1. Background: History and Related Literature 2. Adverse Selection 3. Auditing 4. Regulation and Moral Hazard 5. Multiperiod Models of Regulation and Information 6. Intertemporal Commitment 7. Interfirm Comparisons 8. Extensions and Future Directions

In this timely book, David Milman considers how UK corporate law has been affected by the forces of globalisation, arguing that this is not a new development, but rather is part of an historical continuum. He examines corporate law regulatory strategy in general, treatment of foreign shareholders and multinational groups, aspects of private international law and issues connected with cross border insolvency. The substantive chapters cover a full range of issues, from the harmonisation of corporate law, and the common denominators in corporate law principles, to the regulation of overseas companies and foreign stakeholders and transnational cooperation. The book concludes with a consideration of the wider issue of convergence in corporate law and examines whether total convergence is a realistic possibility. National Corporate Law in a Globalised Market is set against the backdrop of the progressive implementation of the Companies Act 2006 and the turmoil of the current world financial crisis. With a scholarly review of current theoretical and policy issues in corporate law this book will be an invaluable resource tool for academics and advanced students as well as practitioners.

This volume assesses the achievements and limitations of a new set of non-state or multistakeholder institutions that are concerned with improving the social and environmental record of business, and holding corporations to account. It does so from a perspective that aims to address two limitations that often characterize this field of inquiry. First, fragmentation: articles or books typically focus on one or a handful of cases. Second, the development dimension: what does such regulation imply for developing countries and subaltern groups in terms of well-being, empowerment and sustainability? This volume examines more than 20 initiatives or institutions associated with different regulatory and development approaches, including the business-friendly corporate social responsibility (CSR) agenda, corporate accountability and fair trade or social economy.

"

To what extent is business activity governed at a European scale? Since the advent of the recent economic crisis, the EU's choices about the euro, debt ratios and interest rates have caught the headlines and highlighted the importance of EU decision-making arenas. However, these macro-economic events actually tell us only part of the story about the extent to which business activity is now governed at a European scale. Based upon original research on four manufactured or processed goods industries (cars, wine, pharmaceuticals and aquaculture), and driven by theory that is constructivist, institutionalist and sociological, this book sets out to analyse just what Europe governs, by whom and why. In doing so, it reveals three recurrent features of the European government of industries: its omnipresence, its incompleteness and its de-politicization. The authors show that the many gaps in the EU's mode of governing industries stem from struggles over economic doctrine as well as the continued unwillingness of many actors to accord the EU a legitimacy to act politically in the name of industrial government. This book will be of key interest to scholars and students of European Studies and Political Economy as well as those studying Political Science, Economics, Sociology and Business Studies.

This ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes. This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.

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. This set of contracts, currently in the third edition, 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 NEC3 Engineering and Construction Short Contract uses plain English to lead the reader through the contract's key features, including: the use of early warnings programme provisions payment compensation events preparing and assessing tenders Common problems are signalled to the reader throughout, and the correct way of reading each clause explained. In addition, the things to consider when deciding between the ECSC and the longer Engineering and Construction Contract are discussed in detail. Written for professionals without legal backgrounds, by a practicing construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECSC available. An ideal companion for Employers, Contractors, Project Managers, Supervisors, Engineers, Architects, Quantity Surveyors, Subcontractors, and anyone else interested in working successfully with the NEC3 ECSC.

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.

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.

One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource. Contributors: J.B. Baker, R.D. Blair, A. Bradford, N. Economides, A. Edlin, E. Elhauge, D.S. Evans, J.S. Haynes, B. Klein, A.K. Klevorick, I.B. Kohler-Hausmann, J. Kwoka, D. Reitman, D.L. Rubinfeld, H.A. Shelanski, C.J. Sprigman, A.L. Wickelgren

Now in its fourth edition, this textbook confronts many of the major problems which can arise in claims situations. It employs a systematic approach and is supported by extensive reference to UK and international case law. The negotiation and settlement of claims is an essential - but often overlooked - element of the construction industry, and this troubleshooting guide can help construction professionals, students and contractors to protect themselves against costly claims. Helpful explanatory diagrams make this book an indispensable resource for tackling various types of claims both in the UK and internationally. This text is the essential guide for construction professionals, contractors, undergraduate and postgraduate students alike. It will save professionals and contractors time and money and will prepare students for the reality of the construction industry.

The EU Services Directive is difficult to achieve without also affecting issues of national social policy, closely related to the welfare state. The EU Services Directive's characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a "moving target" for the national administrations. In this book important issues are covered: is the EU Services Directive to be interpreted as law or simply policy and what are its actual effects on the regulatory autonomy of the Member States? Does it represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book helps to understand the EU Services Directive and its effects on the regulatory autonomy of the Member States of the European Union in a broader perspective. It is valuable for academics, practitioners and officials both nationally as well within the EU institutions.

The Dictionary of Construction Terms offers clear and concise explanations of the most commonly encountered legal and technical terms, phrases and abbreviations used throughout the construction industry. It will save valuable time when searching for an authoritative explanation of a frequently used term and will become a practical reference for construction lawyers, practitioners and students, as well as those in related industries including planning, property and insurance.

Why you should buy this book:

• There is no other all-inclusive collection of legal and technical terms available at present
• Convenient source of information for lawyers, practitioners and students
• Includes a list of common technical acronyms (ie. DPC, DPM, FFL)
• Lists acronyms of common institutions such as the ICE, JCT and ACE

Examples of definitions:

Modular construction

A modern construction method whereby the building is constructed using prefabricated or pre-assembled building sections or modules. The three-dimensional building sections are typically fabricated and assembled in an enclosed factory environment and then delivered to site, ready for installation. Modular construction is aimed at minimising construction time by standardising design components, providing consistent quality and allowing site preparation and building activities to commence concurrently with the construction of the factory-made modules.

Snagging

The process of formally inspecting the construction works to identify any incomplete works or defects in completed works. A snagging list (or punch list ) is a schedule of defects resulting from this inspection. These items typically need to be rectified prior to the issuing of a completion certificate or handing-over of the works although in some cases a completion certificate will be issued with a snagging list attached.

This book expands on law-related research by comprehensively examining the legal aspects of sustainability with a focus on the impact on business strategies, investigating the impact of law and regulation on business sustainability strategies through a variety of legal lenses. It assumes that firms must adopt an integrated approach to law and sustainability, considers multiple disciplines and goals and joins scholarship from fields such as environmental law, energy, government regulation and intellectual property.

Firms increasingly have an interest in transitioning to sustainable business practices that take into consideration the fact that global resources are finite and will be increasingly scarce. They acknowledge that current actions have social, economic and environmental consequences and employ options to ensure that future generations have the same options and benefits.Examples of sustainable practices increasingly employed by firms include the institutionalization of whole life-cycle analysis in marketing and product design, utilization of sustainable inputs and energy sources, tracking and reporting sustainability performance, attempting the valuation of future generation prosperity and happiness as a discounting mechanism and integrating sustainability into firm culture and management goals.

It is clear that law and regulation have an extremely important role to play in the transition to more sustainable business practices. Broadly stated, law can provide structure for firms responding to forces that pull transition by enabling sustainability leadership and competitive advantage through funding models, intellectual property rights and collaboration means.Additionally, law can work to push transition by compelling firms to act through regulatory structures, accounting and governance mechanisms.Finally, coherent legal approaches are necessary to harmonize transition across countries by aligning and adapting goals to promote an equitable global marketplace that promotes development.

Representing a variety of areas and perspectives, the authors go beyond the existing legal literature to explore the impact of sustainability law on business practice and its implications for policy and future research."

This book deals with the highly complex but exciting subject of corporate fraud and corruption, which has since become the cops and robbers game of the 21st century: accounting fraud, embezzlement, bribery and many other forms of corruption and non-compliance cause turmoil between board members, supervisory board members and managers, while economic crime and corruption cause damages amounting to billions every year. When cases of misconduct and non-compliance become public knowledge, additional loss of reputation is the result, the consequences of which aren't even quantifiable for the companies concerned. Written by one of the most accomplished corruption and compliance experts, Dr. Stefan Heissner, this book provides comprehensive information on the controversial aspects of combating fraud and corruption from their beginnings. It also offers amazing insights into current practices in the war on fraud and corruption - including some stunning findings.

The emergence of an increasingly global economy has involved changes in production, improvements in technology, and the liberalization of international trade and finance. Critics of neoliberalism are concerned that in the new economic environment, many firms do not act responsibly, failing to play by the spirit of market rules or to live up to their obligations to key stakeholder groups. Furthermore there is not the same economic institutions and legal frameworks in place in the international realm that we have in the domestic realm to ensure that the economy functions in line with basic principles of market competition.

In this context of contestation about the desirability of the neoliberal variant of globalization, there has been a sharp rise of non-state regulatory initiatives. This book investigates the manner in which and the degree to which non-state initiatives that regulate the activities of business contribute to inclusive development, especially the development prospects of the most vulnerable sectors of society. The collection includes a variety of individual cases as well as some theoretical and comparative pieces.

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

This timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships. The editors introduce the long tradition of trade secrecy protection and its emerging importance as a focus of scholarly inquiry. The book then presents theoretical, doctrinal, and comparative considerations of the foundations of trade secrecy, before moving on to study the impact of trade secrecy regimes on innovation and on other social values. Coverage includes topics such as sharing norms, expressive interests, culture, politics, competition, health, and the environment. This important Handbook offers the first modern exploration of trade secrecy law and will strongly appeal to intellectual property academics, and to students and lawyers practicing in the intellectual property area. Professors in competition law, constitutional law and environmental law will also find much to interest them in this book, as will innovation theorists. Contributors include: R.G. Bone, C.M. Correa, R. Denicola, R.S. Eisenberg, V. Falce, H. First, J.C. Fromer, G. Ghidini, C.T. Graves, M.A. Lemley, D.S. Levine, D.E. Long, M.L. Lyndon, M.J. Madison, F.A. Pasquale, J.H. Reichman, M. Risch, P. Samuelson, S.K. Sandeen, G. Van Overwalle, E. von Hippel, D.L. Zimmerman

Provides a comprehensive list of the reference material that needs to be considered for more than 15 jurisdictions within this geographical region. Each jurisdiction chapter is written by a well-known practitioner experienced in the application of FIDIC contracts in the specific jurisdiction. The material is closely aligned with FIDIC publications and provides practical guidance on the application of FIDIC's recent second editions which is not available elsewhere.

Almost 3000 lives have been lost in the UK construction industry over the last twenty-five years, in addition to those seriously injured or made ill. The need to reduce this rate has required tight controls to be introduced throughout the planning and management of construction projects in the UK. The Construction (Design and Management) Regulations 2007 outline the responsibilities and liabilities for the various professionals and agents involved.

Straightforward and practical, Understanding the CDM 2007 Regulations demonstrates the rationale behind the regs, covers the duties of the five core duty holders (client, CDM coordinator, designer, principal contractor and contractor), explains the importance of the hazard management process on every project and also sets out the consequences of failing to successfully plan, design and manage for safety.

Any client, architect, engineer, CDM co-ordinator, project manager, construction professional, or student will find this a simple but thorough and dependable guide and should value the management toolkit and the numerous practical examples of best practice and guidance on how to use the Approved Code of Practice appropriately. This book shows how to unleash the potential of the regulations and add real value to the industry.

In the global financial crisis, the need to develop a new kind of economy with a closer relation between ethics and economics has become an important challenge to the international society. This book contributes to this debate by investigating different aspects of global business ethics and corporate social responsibility which are becoming more and more important in the ongoing discussions on the relation between market institutions and democratic governments. The different chapters of the book deal with fundamental philosophical issues of the ethics of the market economy, including discussions of the role of the social sciences and economics in contributing to a sustainable economics and global responsibility in the twenty-first century. In this sense, the book takes up the transnational debate on ethics and economics in order to contribute to a more balanced, fair, just and conscientious development in the world. The book starts with a European perspective on these issues, based on philosophical, sociological and economic views from Europe. These views are further developed in order to share thoughts of how to improve corporate social responsibility, welfare and justice, and the advancement of ethical principles in the international context. It is argued that in the international community, good corporate citizenship as social and environmental responsibility is realized through individual and organizational cosmopolitan responsibility for fostering the common good for humanity. The chapters of the book were originally presented at a conference in Copenhagen, organized together with the German Cultural Institute - the Goethe Institute of Copenhagen, Copenhagen Business School and Roskilde University, Denmark.

The application of construction dispute procedures has changed dramatically in the last decade. This has resulted in an increased use of Alternative Dispute Resolution in many countries, and mediation in particular. Construction is one of the major industries using mediation, in the UK and in many other countries such as the US, China, Australia and New Zealand. This expansion in mediation has been helped by encouragement from governments, although it takes diverse forms in different legal jurisdictions, for example: court rules to encourage this use (as in the US and UK); the courts' own mediation schemes or programmes, or legislation-backed programmes; or the use of industry driven mediation clauses in standard form contracts.

These developments have taken place extremely rapidly. They represent significant changes to the legal environment within which the international construction industry conducts its business but, to date, there has been little research on their impact. All these initiatives have inevitably led to a developing legal jurisprudence concerned with the validity of contract clauses or with providing statutory interpretation of the rules requiring or governing practice. This has important consequences for the construction industry because legal uncertainty increases the likelihood of dispute, which is not only costly for the disputants but can be damaging to national and global economies.

This book identifies the emerging international practices within construction mediation, and seeks solutions to the many legal and commercial challenges which they pose. It presents an international collection of reviews by experts, and allows a comparative commentary on the practice of construction mediation and the legal challenges facing its development.

In the debate over the treatment of China in trade remedy investigations, this book focuses exclusively on anti-subsidy law. As such, it brings a long neglected and often underestimated area of international trade law to the fore.Exploring the delicate relations between the WTO, the EU and China, it focuses on the current legal framework for the use of alternative benchmarks in anti-subsidy law and analyses the consequences that arise from its practical application in investigations against China. Scrutinizing recent developments in WTO anti-subsidy law, in particular the adoption of country-specific rules in accession protocols, the book reveals the shortcomings of the current approach and argues for fundamental reforms. Accordingly, the book provides academics and practitioners alike with vital insights into the legal evolution and practical application of alternative benchmark methodologies in the context of WTO and EU anti-subsidy law, while also putting forward a critical analysis of the status quo.

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law. The second part of the book gathers contributions from various jurisdictions on the topic of "What rules should govern claims by suppliers about the national or geographic origin of their goods or services?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.