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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 is the first book to provide a comparative and critical analysis of why and how six corporate mechanisms - (1) sustainability reporting; (2) board gender diversity; (3) constituency directors; (4) stewardship codes; (5) directors' duty to act in the company's best interests; and (6) liability on companies, shareholders and directors - have been or can be used to promote sustainability in the four leading common law jurisdictions in Asia (Singapore, Hong Kong, India and Malaysia). A central challenge is, whether and if so, how the corporate mechanisms should be reconceptualised to promote sustainability in an environment that is characterised by controlling shareholders, particularly the government in state-owned enterprises. Because controlling shareholders are the norm for the majority of the world's companies, and state-owned enterprises play a significant role, this book has important insights on the problems and prospects of advancing sustainability in concentrated and mixed ownership jurisdictions.
The Oxford Handbook of the Corporation assesses the contemporary relevance, purpose, and performance of the corporation. The corporation is one of the most significant, if contested, innovations in human history, and the direction and effectiveness of corporate law, corporate governance, and corporate performance are being challenged as never before. Continuously evolving, the corporation as the primary instrument for wealth generation in contemporary economies demands frequent assessment and reinterpretation. The focus of this work is the transformative impact of innovation and change upon corporate structure, purpose, and operation. Corporate innovation is at the heart of the value-creation process in increasingly internationalized and competitive market economies, and corporations today are embedded in a world of complex global supply chains and rising state and state-directed capitalism. In questioning the fundamental purpose and performance of the corporation, this Handbook continues a tradition commenced by Berle and Means, and contributed to by generations of business scholars. What is the corporation and what is it becoming? How do we define its form and purpose and how are these changing? To whom is the corporation responsible, and who should judge the ultimate performance of corporations? By investigating the origins, development, strategies, and theories of corporations, this volume addresses such questions to provide a richer theoretical account of the corporation and its contested future.
With thirty per cent of the world's oil and gas production coming from offshore areas, the construction of specialist vessels to perform offshore operations is a crucial part of the industry. However, with exploration and production being performed in increasingly exacting locations, the scope for disputes arising from cost overruns, scheduling delays and technical difficulties is immense. In the absence of legal precedent, this ground-breaking title provides practical guidance on avoiding and resolving disputes in the construction of offshore units and vessels, including FPSOs, drilling units, OSVs and fixed platforms. Written by a leading team at Stephenson Harwood, this book covers the entire construction process from initial concept right through to installation, at each stage commenting on typical contract terms and offering expert advice based on real-life examples. Key topics include: Design risk Changes to the work Consequences of delay Acceptance Tests Termination Dispute resolution This unique text will be of enormous assistance both to legal practitioners and offshore construction professionals including project managers, financiers, insurers, and sub-contractors.
This book is a multipurpose text that can be used in any class with a focus on comparative legal systems for corporations, taught in the U.S. or abroad. It contains cases, statutes, analysis and readings, the majority of which are from foreign jurisdictions. It also has extensive notes and questions. The focus is primarily on the U.S., U.K., major European continental civil law systems (France, Germany, Italy) and European Union law, and Japan; with references to other jurisdictions such as China, India and Brazil. In addition to law schools, the book may also appeal to non-law school professors of business administration, economics, and political science. The co-authors for this title are Pierre-Henri Conac, Gen Goto, Sebastian Mock, Mario Notari, and Arad Reisberg.
Incorporating skills training into a traditional Business Associations course is challenging. This creative and original book provides thirteen independent exercises designed to develop student skills in legal drafting, client interviewing and counseling, negotiation, and advocacy. Each exercise is based on fundamental legal rules and doctrines so that the book can be used on its own or as a supplemental text with any doctrinal casebook. Students are required to spend a manageable one to two hours on such tasks as outlining discussion points for major meetings and counseling, drafting advisory letters to clients, crafting a demand letter to a board of directors, negotiating indemnification provisions, drafting a certificate of incorporation and an operating agreement based on the clients' stated objectives, and developing strategies to manage business contracting and corporate client communications. Each exercise contains a work product template that the student must complete for assessment purposes.
How can public contracts be used effectively to achieve the broader aims of government? Increasingly, emphasis is placed on strategic aspects of public procurement such as value for money, competition, environmental sustainability and social value. The 2014 EU procurement directives offer a new framework in which to pursue these objectives, significantly expanding upon the possibilities under earlier directives. They also represent an evolution in the scope of coverage of the rules, with concessions and certain forms of public-public cooperation being explicitly regulated for the first time, and social and other specific services now subject to a lighter regime. This book offers both an accessible introduction to the new directives and a critical assessment of their impact. Drawing upon a detailed understanding of the motivations for the reform process and the relevant case law of the Court of Justice, it is a valuable reference for public sector practitioners, lawyers and others with an interest in what the rules mean in practice. Each chapter includes analysis of the EU law applicable to different procurement activities-from pre-procurement and advertising to tender evaluation, contract management, and modifications to contracts. Detailed consideration is given to the procedures available under the 2014 directives and how these can be used to achieve desired outcomes. Relevant cases from the Court of Justice, UK, and Irish courts are discussed throughout the text. Particular attention is given to the potential to further green, social, and economic development policies through procurement. The final chapter analyses the remedies regime as applied in the UK and Ireland, drawing lessons regarding clarification of tenders, evaluation methods, and notification letters. The book contains practical examples and diagrams illustrating key points discussed in the text.
The erstwhile unlikely coupling of human rights and corporations is now a typical feature of corporate/community relations. High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work. Together they frame the relationship between human rights and corporations by charting its history and salient features; tackle the conceptual perspectives of the relationship and detail the practice, problems, and potential of the relationship.
This edited collection fills a significant gap in the literature by gathering contributions from the most prominent academics and practitioners of aid and procurement. It explores the economic, political and legal relationship between procurement and aid effectiveness in developing countries, and takes stock of current debates in the field. More specifically, the contributions analyse the failures and successes of current initiatives to foster effectiveness and streamline the aid procurement process, and address current themes emerging in the literature related to development, procurement and aid success. A pivotal and timely publication, Public Procurement and Aid Effectiveness will be of interest to a varied and multicultural international audience and a wide range of actors working on aid effectiveness, development, procurement and good governance initiatives in both donor and beneficiary countries.
Revised to cover the impact of the 'best value' regime, this text provides a detailed examination of the law of public and utilities procurement. It is illustrated by the use of practical examples, including an in-depth focus on 'grey' areas.
Consumers, manufacturers, and auto dealers use publicly available auto recall information differently. Chapter 1 addresses: how consumers and industry stakeholders use such information and how easy to use do consumers find the auto recall areas of NHTSA.gov, among other objectives. Ticket pricing, resale activity, and fees for events vary. Chapter 2 review issues around online ticket sales including what is known about online ticket sales, consumer protection issues related to such sales, and potential advantages and disadvantages of selected approaches to address these issues. The Telephone Consumer Protection Act of 1991 (TCPA) regulates robocalls. A robocall, also known as "voice broadcasting," is any telephone call that delivers a prerecorded message using an automatic (computerised) telephone dialing system, more commonly referred to as an automatic dialer or "autodialer." Chapter 3 addresses robocalls that are both illegal under the TCPA and intended to defraud, not robocalls that are defined only as illegal. Chapter 4 addresses FTC's role and authorities for overseeing Internet privacy, stakeholders' views on potential actions to enhance federal oversight of consumers' Internet privacy, and breaches of personally identifiable information. Chapter 5 provides a brief overview of federal regulation of Wells Fargo and a timeline of key events involving the company since the scandal's disclosure. It then discusses a few relevant policy issues, including consumer protection and corporate governance, and highlights recent instances of congressional oversight of the bank. Chapter 6 summarises measures FTC has taken to enforce consumer reporting agencies (CRA) compliance with requirements to protect consumer information, measures CFPB has taken to ensure CRA protection of consumer information, and actions consumers can take after a breach. Chapter 7 examines issues related to federal oversight of CRAs. This chapter discusses measures FTC has taken to enforce CRA compliance with requirements to protect consumer information, measures CFPB has taken to ensure CRA protection of consumer information, and actions consumers can take after a breach. Chapter 8 reviews gender-related price differences for consumer goods and services sold in the United States. Chapter 9 summarises P.L. 115-174 as enacted and highlights major policy proposals of the legislation.
The fourth edition continues the goal of earlier editions: providing the most current and comprehensive treatment of the modern law of sales and leases in national and international transactions. The new edition includes important new cases to elaborate the continuing development of critical provisions of that law, and to elucidate new case law trends. The official withdrawal of proposed amendments to UCC Articles 2 and 2A provided room for these important cases without a significant increase in the size of the volume. While continuing to emphasize any significant differences between Articles 2 and 2A, the new edition eliminates separate coverage of Article 2A where its provisions replicate Article 2. At the same time, the important distinction between true leases and secured transactions disguised as leases not only continues but is emphasized in new case and text material. Among other current developments, the fourth edition recognizes the Supreme Court's important elaboration of
Reduce or eliminate litigation costs by learning how to write better contracts from the start. With illustrative cases, sample language, and current guidelines for potential clauses of a contract between a builder and buyer or remodeler and homeowner. This edition also covers warranties and disclaimers, environmental issues, inspections, and trade contracts with other team members. Includes sections on mold, arsenic, and notices.
The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impacts of various trade practices on domestic industries and workers. This book discusses congressional interest in trade remedy laws and describes legislation seeking to amend the laws. Also discussed are anti-dumping and countervailing duty laws, procedures, and investigations. U.S. safeguard statutes and investigative procedures are presented along with an appendix outlining all U.S. trade remedy status, major actors, and effects of these laws.
On 9-10 February 2012, the law department at Copenhagen Business School and the Danish Competition and Consumer Authority organised an international conference on the modernisation of the EU procurement rules, "Public Procurement Days 2012 - Modernisation, Innovation and Growth". The overall aim of the conference was to focus on the modernisation of the EU procurement rules, which is one of the main priorities under the Danish Presidency of the EU Council. A number of topics of relevance to the modernisation of the procurement rules were addressed, and many interesting debates took place. More than 130 participants, including legislators, practitioners, organisations and academics, took part in the conference This book contains contributions based on some of the presentations given at the conference. The purpose of this book is to contribute to the ongoing debate on the modernisation of the procurement rules by elaborating on the topics discussed at the conference, and we hope the book can be an inspiration for this debate.
Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.
The book will give students a rigorous introduction to the UCC without burdening them with needless citations. The new edition deals not only with the 1999 revisions to Article 9 but also with the recent revisions to Article 1. Of course, this edition also addresses the earlier revisions to Articles 5, 3 and 4. It has limited coverage of the failed attempt to revise Article 2.
The idea that every family business needs a trusted adviser is a popular one. This adviser is often portrayed as an individual who has a close personal relationship with the family and who coordinates the advice that they receive from a range of specialists. However, this model of a single adviser is not always the most effective when trying to build sustainable trust relationships alongside the generational changes that inevitably occur in family businesses. In an era where every adviser is a specialist, it is necessary to explore an alternative to the individual trusted adviser. This special report describes how family businesses can benefit from a high-performing, inter-disciplinary advisory team for trusted advice, with members sourced from different organisations, and who have demonstrably effective processes for looking after an entire family and their business interests. Members of such a team are committed to helping the family achieve success in terms of both family and business life and, like a true team, this success is dependent on all team members. High performance advisory teams are used in many areas of commerce, sport, science and the arts and this report demonstrates how the same can be true for advisers who serve family businesses, regardless of their specialism.
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
In the last 20 years interest in network phenomena has grown immensely among anthropologists, psychologists, political scientists, economists and lawyers. Empirical observation shows that network arrangements can be found in many branches of business. This is often linked to rapid changes in today's markets and technologies, but it is not the only reason. Legal institutions have been at the centre of private law since the industrial revolution but today contracts and corporations cannot cope with the risks and opportunities posed by networks. Legal practice needs solutions which go beyond the classical traditions of thinking in the dichotomy of contract and corporation. This volume is the outcome of a conference held in Fribourg, Switzerland, which focused on the legal treatment of contractual networks, in particular questions of network expectations, the fragility of network institutions, and the question of how law can minimise network specific risks towards third parties. The contributors, among them many of the world's leading scholars in this field, include Roger Brownsword, Simon Deakin, Gunther Teubner, Hugh Collins and Marc Amstutz. The book will be of interest to scholars of contract, corporate law, and legal theory.
A concise guide to current best practices for designing, constructing, testing, and ensuring longevity for new high-performance homes, Green Building Strategies explains in plain language what's happening in the rapidly evolving field of building science. Green Building Strategies has condensed current information about green building from credible sources in a format you can easily digest. With this book you will learn how to: Comply with new energy code requirements; Understand green building standards; Sort out product manufacturers' claims; Answer buyers' questions about high performance homes; Build high-performance energy-efficient green homes to satisfy buyers and stay ahead of your competitors. This book takes you step-by-step from design through site development and construction, quality assurance, marketing, and customer service. It provides the information you need to systematically create green projects with a price tag both you and your buyers can accept. This comprehensive resource includes URLs for essential online green building resources, illustrations, and a glossary.
This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission's change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book's second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.
Baffled by joint venture and shareholder agreements? Guidance on the new PSC Register is just one of the things that small businesses need to understand. Helping you to identify the central issues involved in joint venture transactions, take effective instructions and draft good documentation using precedents, case studies and checklists. Now covers: Small Business, Enterprise and Employment Act 2015 (including the official guidance on new register of Persons of Significant Control (PSC Register) Latest tax rates and changes (including corporation and capital gains tax 2017/18 and entrepreneurs' relief) EU merger law changes (including the mergers simplification package and UK merger law changes) Key content includes: Preliminary considerations A discussion of the nature of joint ventures and shareholders' agreements Financing the venture Tax and accounting considerations for UK corporate joint ventures Regulatory matters Employment and pension issues Key issues in structuring and drafting UK corporate joint venture documentation and shareholders' agreements Deadlock and minority protection Voting rights and board representation Restrictive covenants Joint ventures and shareholders' agreements in practice Articles of association Transfers of assets EU and UK Competition law including Brexit issues
Receive complimentary lifetime digital access to the eBook with new print purchase. A collection of uniform laws and federal statutes used in secured transactions courses. Includes the UCC (with the concordance comparing revised Article 9 to the previous version), pertinent PEB commentaries and reports, Uniform Voidable Transactions Act, Food Security Act, Federal Tax Lien Statute, and selected provisions of the Bankruptcy Code.
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