This is the first academic monograph on the new competition law in Hong Kong. It provides an overview of the historical background of the Competition Ordinance, highlighting the debate and the process that led to the adoption of the Ordinance. It offers detailed comparative and theoretical analysis of the key provisions of the Ordinance, focusing on the First Conduct Rule, the Second Conduct Rule, the exclusions and exemptions, and the procedural provisions. It draws on overseas legislation and jurisprudence that inspired the provisions in the Ordinance and incorporates a detailed examination of the latest cases decided by the Competition Tribunal. It engages in relevant academic debates and theoretical analysis of how competition law in Hong Kong should develop in light of its unique economic and political contexts. It concludes by setting forth of a set of recommendations for further reform.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Under current business law, it is already possible to give legal personhood, or a very close surrogate of it, to software systems of any kind (from a simple automated escrow agent to a more hypothetical, truly smart artificial intelligence). This means that, for example, robots could enter into contracts, serve as legal agents, or own property. Ultimately, entire companies could actually be run by non-human agents. This study argues that this is not as scary as it might sound at first. Legal theorist and noted software developer Shawn Bayern argues that autonomous or zero-person organizations offer an opportunity for useful new types of interactions between software and the law. This creative contribution to the theory and practice of law and technology explores the social and political aspects of these new organizational structures and their implications for legal theory.

Intensely practical and clearly written, Law in Practice is the definitive jargon-free, professional guide to the law as it relates to a construction project. Addressing all the fundamental issues of contemporary English construction law, it allows architects to make sound judgements, avoid disputes, and run projects on a safer basis. The 3rd edition is now fully up-to-date with all recent changes including CDM 2015, BIM, the 2016 JCT contract suite and the new RIBA Professional Services Contracts.

This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts' decisions in relation to the WTO agreements, which have "direct effect" in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts' enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions' experiences and argues that the traditional academic literature that fosters domestic courts' enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

Historically, the Christian tradition has played an influential role in Western economic thought concerning the regulation of markets, but, with the fracturing of the Christian tradition following the Reformation, the decline of Christian influence in academia, and the increasing specialization of economic analysis, that influence has become increasingly opaque. This volume brings together an interdisciplinary team of prominent academic experts on market regulation from four different continents and various faith traditions to reconsider the impact of Christianity on market regulation. Drawing on law, economics, history, theology, philosophy, and political theory, the authors consider both general questions of market regulation and particular regulatory fields such as bankruptcy, corporate law, and antitrust from a Christian perspective.

The NEC3 Term Service Short Contract should be used for the appointment of a supplier for a period of time to manage and provide a service. This contract is an alternative to the NEC3 Term Service Contract and us for use with contracts which do not require sophisticated management techniques, comprise straightforward work and impose only low risks on both the Employer and the Contractor. ENDORSEMENTS Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service Contracts

Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.

China's venture capital market is not just the world's largest and fastest developing market, it also has the unique distinction of being engineered through heavy governmental intervention. This book breaks new ground by examining and testing established legal theories regarding the law of venture capital through the lens of the Chinese venture capital market. Using a hand-collected dataset of venture capital agreements, interviews with practitioners, and Chinese court judgements, it provides a comprehensive and insightful analysis of the Chinese venture capital market from the legal perspective. Topics covered include the roles of law and governmental intervention in developing the market, the state of investor protection, unique contractual developments and exits of venture capital investments. By providing an in-depth comparative analysis against the American venture capital market, it provides critical context and makes the Chinese venture market accessible. It is an invaluable resource for venture capital scholars, policymakers and practitioners.

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 legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.

This book discusses and analyses fraud and corruption cases from many industries including construction, finance, pharmaceutical, transport, retail, medical, health, communication, education and military.The book is divided into two sections. The first part presents case studies that cover several industry sectors, including not only well-known frauds like Bernie Madoff, Wells Fargo and the Enron case, but also recent events such as the Theranos/Elisabeth Holmes case. The second section of the book includes materials on fraud and corruption such as the full text of the United Nations Convention Against Corruption, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business, and the EIB's Anti-Fraud Policy and Whistleblowing Policy. It also includes examples about current corporate anti-corruption policies from companies like Apple, Tesla and Coca Cola. For interested readers, the book offers additionally a list of films that realistically cover the topics fraud, corruption and whistleblowing.

Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs - the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.

Mass-tort lawsuits over products like pelvic and hernia mesh, Roundup, opioids, talcum powder, and hip implants consume a substantial part of the federal civil caseload. But multidistrict litigation, which federal courts use to package these individual tort suits into one proceeding, has not been extensively analyzed. In Mass Tort Deals, Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances in our courts may benefit everyone but the plaintiffs - the very people who are often unable to stand up for themselves. Rather than faithfully representing them, plaintiffs' lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. From diagnosis to reforms, Burch's goal isn't to eliminate these suits; it's to save them. This book is a must read for concerned citizens, policymakers, lawyers, and judges alike.

Understanding FIDIC explains in simple and practical terms what is often seen as a very complex range of international engineering and construction contracts. Covering the FIDIC 2017 Red, Yellow and Silver Books (referred to as "The Rainbow Suite"), the book gives an overview of all three contracts, including coverage of changes between the 1999 contracts and the present 2017 suite. FIDIC contracts are widely used as far afield as Europe, the Middle East, Asia and Australia, and this book provides a practical yet thorough guide to the key elements that practitioners preparing and administering these contracts would need to be aware of. In his approachable and readable style, Kelvin Hughes covers: The obligations and responsibilities of the Employer, the Employer's Representative, the Engineer and the Contractor Quality and Defects Liability Design Responsibility and Liability Variations, Measurement and Payment Procedures Progress, Delays, Extensions of Time and Completion Suspension and Termination Insurances Employer's and Contractor's Claims The Dispute Avoidance/Adjudication Board and the Resolution of Disputes Tendering Anyone working with FIDIC contracts whether as the Employer, Employer's Representative, Engineer or Contractor will benefit greatly from this easy-to-read guide to the Rainbow Suite. Students on professional courses or researching the contracts for project work will also find this book extremely useful.

All governments, in various ways, regulate and control nonprofit organizations. Nongovernmental organizations (NGOs), while hopeful of supportive regulatory environments, are simultaneously seeking greater autonomy both to provide services and to advocate for policy change. In part to counter increasing statutory regulation, there is a global nonprofit sector movement towards greater grassroots regulation - what the authors call self-regulation - through codes of conduct and self-accreditation processes. This book drills down to the country level to study both sides of this equation, examining how state regulation and nonprofit self-regulation affect each other and investigating the causal nature of this interaction. Exploring these issues from historical, cultural, political, and environmental perspectives, and in sixteen jurisdictions (Australia, China, Brazil, Ecuador, England and Wales, Ethiopia, Ireland, Israel, Kenya, Malawi, Mexico, Tanzania, Uganda, Scotland, United States, and Vietnam), the authors analyze the interplay between state control and nonprofit self-regulation to better understand broader emerging trends.

What is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.

Appropriate laws and regulations are essential tools to direct the action of procurers toward the public good and avoid corruption and misallocation of resources. Common laws and regulations across regions, nations and continents potentially allow for the further opening of markets and ventures to newcomers and new ideas to satisfy public demand. Law and Economics of Public Procurement Reforms collects the original contributions related to the new European Union Directives approved in 2014 by the EU Parliament. They are of both economists and lawyers, and have been presented in a manner that allows for exchanges of views and "real time" interaction. This book features, for each section, an introductory exchange between two experts of different disciplines, made up of a series of sequential interactions between an economist and a lawyer, which enriches the liveliness of the debate and improve the mutual understanding between the two professions. Four sections characterize this book: Supporting social considerations via public procurement; Green public procurement; Innovation through innovative partnerships; and Lots - The Economic and Legal Challenges of Centralized Procurement. These themes have current relevance of the new European Public Procurement Directives. Written by an impressive array of experts in their respected fields, this volume is of great importance to practitioners who work in the field of EU public procurement in the Member States of the EU, as well as academics and students who study public finance, public policy and regulation.

When comparing the laws of different jurisdictions, one often sees only the forest or the trees. This is particularly problematic in comparative company law, where students hope both to understand the overall framework of the law and grasp its practical application. This text's structure, now in its second edition, solves that dilemma. Chapters open with discursive analyses of the law in each of Germany, the UK and the US (Delaware, the ABA Model Business Corporation Act, and federal securities laws) and set out the high-level governing framework, particularly for the EU and its member states. This analysis is succinct and pointed, with numerous references to both the law and leading scholarship. The whole text is arranged to highlight comparative aspects. Diagrams are used where helpful. Chapters close with edited judicial decisions from at least two of the jurisdictions discussed, which allows fresh exploration of comparison in more detail, and pointed questions to guide class discussion.

When comparing the laws of different jurisdictions, one often sees only the forest or the trees. This is particularly problematic in comparative company law, where students hope both to understand the overall framework of the law and grasp its practical application. This text's structure, now in its second edition, solves that dilemma. Chapters open with discursive analyses of the law in each of Germany, the UK and the US (Delaware, the ABA Model Business Corporation Act, and federal securities laws) and set out the high-level governing framework, particularly for the EU and its member states. This analysis is succinct and pointed, with numerous references to both the law and leading scholarship. The whole text is arranged to highlight comparative aspects. Diagrams are used where helpful. Chapters close with edited judicial decisions from at least two of the jurisdictions discussed, which allows fresh exploration of comparison in more detail, and pointed questions to guide class discussion.

This adjudication textbook uniquely brings together a comprehensive analysis of, and commentary on, the Construction Contracts Act 2013 with a real-world perspective of adjudication, considering the knowledge, process and skills parties and adjudicators require in order to successfully participate in the adjudication process. Drawing on combined experience of 40 years in construction law, the authors provide invaluable guidance for all stakeholders in the adjudication process. The authors analyse and comment on the adjudication provisions of the Construction Contracts Act and describe prudent practice and procedure required to comply with Irish adjudication law, including case studies, case law and sample documentation for those to be involved as the parties, or those who want to act as adjudicators. Aimed at contractors, sub-contractors, developers, employers, construction, engineering and legal professionals and students, all of whom are either involved, or have an interest, in dispute resolution and adjudication.

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.

This is one of the first books that comprehensively explains fundamental theories of natural resource and infrastructure public private partnership (NRI-PPP) projects and project finance. NRI-PPP projects and project finance have been adopted in natural resource development, including oilfield development, mine development, and liquefied natural gas production; manufacturing, such as petrochemistry, which uses crude oil; and infrastructure-related projects such as railways, roads, airports, ports, water supply, waste treatment, communications, and electricity. An important concern during negotiations among the various stakeholders is the lack of congruence between theories underlying NRI-PPP projects and project finance and the particular, real-life business considerations of the subject project and lack of understanding of the key theories. Studies that help us understand NRI-PPP projects and project finance have been developed based on economic theories such as contract theory and the economics of law by several distinguished professors. Until now, however, in financial institutions staff in departments that specialize in project finance have developed an understanding of the theories underlying NRI-PPP projects and project finance primarily through on-the-job training during which business points of view were passed on. Principles and theories regarding NRI-PPP projects and project finance have not been taught through textbooks in these firms. In fact, there are only a few books that explain the fundamental theories for actual project structures or actual project finance. This book attempts to fill that gap by making clear the fundamental theories that exist behind the actual projects and project finance in relation to natural resources and infrastructure. Readers of this book will include not only professionals in various private sectors and banks but also those involved in PPP projects in the public sector.