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Corporate governance in Asia continues to attract global interest due to its critical importance to the world's fastest-growing region. The study of governance systems remains complicated by Asia's mix of legal traditions, market systems and social history. This comprehensive textbook provides a comparative overview of the corporate governance framework, theory and practice in major Asian countries. Students at all levels will gain an understanding of corporate governance systems in Asia and how they compare with models attributed to the US, the UK and Europe. Featuring six foundational chapters focusing on general theory and corporate governance systems and eight country-specific chapters, this book can be used as the basic textbook for a general course on comparative corporate governance or as an essential reference about corporate governance in Asia for a wide variety of professionals including academics, jurists, students, practitioners, investors, creditors, policymakers and analysts.
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.
Much of the history of corporate law has concerned itself not with shareholder power, but rather with its absence. Recent shifts in capital market structure require a reassessment of the role and power of shareholders. These original, specially commissioned contributions by leading scholars in corporate law and financial economics provide a contemporary analysis of shareholder power and consider the regulatory consequences of changing ownership patterns around the world. The book begins with chapters on shareholder activism by institutional investors, hedge funds, and controlling shareholders. Further chapters explore the relationship between shareholders and the board of directors, shareholder activism around mergers and acquisitions, and turf battles during shareholder litigation. The final section offers a number of international perspectives on shareholder power in Asia, Europe, and the Americas. Students and scholars of corporate law will value the Handbook's timely exploration of modern shareholder power as well as its fresh perspective and scope.
This detailed book examines how the law can provide a discrete governance regime for financially distressed firms. The concept of a distressed firm covers businesses that are struggling, but have not yet entered formal insolvency, as well as those businesses that are undergoing a formal insolvency process. With reference primarily to English law, this study encompasses both limited liability companies and limited liability partnerships with a focus on the regulation both of company directors and insolvency practitioners. It offers recommendations for improvements in governance mechanisms and notes that many of the governance shortfalls that occur can be related to the ease of access given to those who wish to trade with the benefit of limited liability. Providing an up to date analysis in a fast evolving area of law, this book will appeal to academics, postgraduate students, practitioners and policy makers.
The very foundation of the economy is changing. Across the United States, primary and secondary sector industries are no longer as viable as they once were - because the particular businesses are no longer profitable, because the underlying resources are no longer as plentiful or desirable, or because human activity is not essential to various aspects of an industry's operations. As economies evolve from traditional industrial resources, such as mining and manufacturing, to 'new' resources, such as information and content, innovation and entrepreneurship are key. Entrepreneurship and Innovation in Evolving Economies examines the role of law in supporting innovation and entrepreneurship in communities whose economies are in transition. It contains a collection of works from different perspectives and tackles tough questions regarding policy and practice, including how support for entrepreneurship can be translated into policy. Additionally, this collection addresses more concrete questions of practical efficacy, including measures of how successful or unsuccessful legal efforts to incentivize entrepreneurship may be, through intellectual property law and otherwise, and what might define success to begin with. Expertly researched and widely accessible, Entrepreneurship and Innovation in Evolving Economies will appeal especially to students and scholars of innovation, law, and entrepreneurship.
At a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities. The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe. This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.
Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them. Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.
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.
This collection, edited by a leading authority, presents key literature published in the last 30 years discussing the topic of whistleblowing law. The papers analyze the contours of the field, including perspectives from which to examine whistleblower laws, the issues arising in the implementation of these laws and the character of global whistleblower laws. These seminal works also provide an introduction to a number of disputed issues and an examination of two areas of recent interest, including national security whistleblowers and financial incentives. Along with an original introduction by the editor, this two-volume set will be an invaluable source of reference for students, academics and practitioners interested in this area.
This exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two jurisdictions, together with the relevant historical backgrounds. The author chooses to discuss the main areas of competition law in these jurisdictions, with particular focus placed on the gaps between the written law and practice, including analysis of the current debates that suggest future directions in competition and policy will aim towards harmonization of both systems. Competition Law and Policy in Japan and EU will strongly appeal to academics, researchers, public enforcers, practitioners, in-house counsel and students.
The 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world's major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading scholars from around the world explore the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, what liabilities may arise and whose interests directors should consider before embarking on commercial ventures. The Handbook begins with chapters that explore the range of company law developments in several common law countries, with further chapters examining the law in several civil law jurisdictions. The Handbook then looks beyond company law to issues such as the role of directors in fostering corporate social responsibility and directors' duties to consumers. The final chapters consider directors' duties in times of financial turmoil. A comprehensive and ground-breaking book of original scholarly research, the Handbook will be a valuable contribution to the libraries of company law scholars and students, as well as to business people with a professional interest in the topic.
Economic governance institutions (rules, norms and enforcement practices) define the cost and incentive structures that influence the decisions of economic actors. They therefore have a significant impact on micro and macro economic performance across countries and time. This book contributes to the growing governance literature in three ways. First, it extends the analysis to new areas such as power asymmetry, regulation, transnational company strategies, and law enforcement. Secondly, it examines the role of formal institutions that shape and enforce the rules/norms codified in law; but also private-ordering institutions that function under the umbrella of the State; and private institutions (such as market rules/norms) that provide reputational and other information that foster compliance. Finally, the book extends and enriches the governance debate, addressing issues such as the determinants of institutional quality and efficiency, and the interaction between actor networks and institutional norms. Does Economic Governance Matter? brings together state-of-the-art research and analysis that will appeal to academics and undergraduate and postgraduate students of economics, public policy, network analysis, corporate governance and business law. The book will also appeal to a wide range of practitioners and policymakers in areas such as regulation, competition, international development, corporate law and macroeconomic policy design.
This comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. 'Comparative' refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.
Comprehensive and practical, BUSINESS: ITS LEGAL, ETHICAL, AND GLOBAL ENVIRONMENT, 10TH EDITION emphasizes real-world applications and encourages critical thinking skills. While exploring the intersection of law, business strategy, and ethics in the text, readers apply the concepts to more than 200 real-world situations and a wealth of learning features, while heightening their own sense of morality. BUSINESS: ITS LEGAL, ETHICAL, AND GLOBAL ENVIRONMENT, 10TH EDITION effectively illustrates how law and ethics apply to issues in the workplace, and is an excellent resource for future business managers.
Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.
This timely collection, edited by a leading academic in the field, brings together seminal works of scholarship on insider trading over a 40 year period, with contributions from many prominent law professors and economists. Areas covered in the volume include the origins and development of insider trading law, insider trading statues and the policies surrounding insider trading. Along with an original introduction, Professor Bainbridge provides a comparative and international focus as well as coverage of important issues in the US law of insider trading. This volume will be of immense value to scholars and practitioners interested in this evolving and topical field of study.
This popular guide focuses on common misconceptions in the application of the IET Wiring Regulations. It explains in clear language those parts of the regulations that most need simplifying, outlining the correct procedures to follow and those to avoid. Emphasis has been placed on areas where confusion and misinterpretation are common, such as earthing and bonding, circuit design and protection, and in particular the increased use of RCDs. With the content covering the requirements of both City & Guilds and EAL courses and containing sample exam questions and answers, this book is also an ideal revision guide.
The 2018 edition of this guide explains how to use, understand and get the most out of the RIBA Professional Services Contracts, which have been updated from the RIBA Agreements 2010 (and 2012 revision). With guidance on how to choose, prepare and complete the right contract, it is an essential companion for anyone using these industry-standard forms. The guide is written for architects and consultants to help practitioners develop a greater understanding of the role and responsibility of each party to the agreement.
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.
This latest title from Sarah Lupton provides comprehensive guidance to RIBA's two updated building contracts: RIBA Domestic Building Contract 2018 and the RIBA Concise Building Contract 2018. Introducing the contracts' features and benefits and covering all aspects of their use, the Guide has been expanded with increased assistance on choice of form, tendering and contract formation. It enables readers to choose and form the right contract for the appropriate project and guides all parties through the various stages. A new section on practical completion, including certification, has been added, alongside additional detail on role and liabilities of contract administrators. Assuming no current knowledge of the law or contract administration, this acts as a standalone guide for new users of the RIBA contracts, as well as a valuable update for previous users. It is the ideal companion for anybody using the latest building contracts.
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The practical book compares the increasingly popular NEC family of contracts with other construction industry standard forms. NEC3 and Construction Contracts: Compared and Contrasted will assist professionals - at all levels, involved in procurement in the construction industry - to make informed choices and give balanced advice when deciding which contract to use for a particular project. This new edition covers NEC3 in full as well as JCT, PPC and FIDIC forms of contract.
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.
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