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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.
This book gives students taking the introductory course in business associations a succinct but reliable overview of the principal legal issues that arise in business relationships over the life cycle of the business. The book explains the basic concepts that govern these relationships and provides specific examples of how they apply. It also explains similarities and dissimilarities in the business associations covered. Finally, the book considers the background and interests in the course of the students. The book is intended to help students understand the course whether their background is in accounting or music.
This book explores the legal and regulatory aspects of the complex air cargo sector, discussing in detail the general principles of the carriage of air cargo; artificial intelligence and air cargo; facilitation; carriage of hazardous goods; human remains; and animals, as well as cargo security; price fixing and anti competitive conduct in air cargo operations; liability issues; the air cargo supply chain and contract of carriage. It also discusses related achievements of the International Civil Aviation Organization; the International Air Transport Association and Airports Council International. The value of goods carried by airlines represents 7.4% of the global Gross Domestic Product. While cargo carried by air accounts for less than 1% of global cargo carriage, airlines carry 35% of the value of world trade, making this industry highly valuable and efficient, and the most reliable way to transport goods throughout the world. On average, airlines transport 52 million metric tons of goods per annum, worth an equivalent of $6.8 trillion, i.e. $18.6 billion worth of goods daily.
This statutory supplement is designed for use in law school courses covering agency, partnerships, corporations, and other limited liability entities. In particular, the supplement compiles the statutes, regulations, and uniform or model acts needed for the use of the casebook, The Law of Business Organizations: Cases, Materials, and Problems (13th ed. 2017), by Professors Jonathan R. Macey, Douglas K. Moll, and Robert W. Hamilton. The materials included in this supplement are generally presented in one of three manners. First, for state and federal statutes and regulations that have no accompanying comments, the statutory text is reprinted in its entirety. Examples of such materials include the Delaware General Corporation Law, the Delaware Limited Liability Company Act, and selected sections of the New York Business Corporation Law. Second, for some uniform or model acts, the statutory text and comments are reprinted in their entirety. Such materials include the Revised Uniform Partnership Act (1997 and 2013), the Revised Uniform Limited Partnership Act (1976 with 1985 amendments), the Uniform Limited Partnership Act (2001 and 2013), the Uniform Limited Liability Company Act (1996), and the Revised Uniform Limited Liability Company Act (2006 and 2013). Third, for Restatements and some uniform or model acts, the statutory text is reprinted in its entirety, but only selected comments (if any) are included. Examples of such materials include the Restatement (Second) of Agency (1958), the Restatement (Third) of Agency (2006), the Uniform Partnership Act (1914), and the Model Business Corporation Act.
A dispute board is a panel of impartial members, appointed at the
outset of the construction contract, whose purpose is to monitor
progress, resolve disputes as they arise and provide a forum for
discussing difficult matters.
Explanation of how a dispute board works: Insider knowledge of board operations: Key documents to run a dispute board: Detailed discussion of dispute board law (covering key jurisdictions worldwide): Forms of practice and procedure, and sample documents
Reviews of the previous edition
"Chern's book provides an extremely practical guide, covering
not only an introduction to the process but also providing check
lists and sample documentation.... This book will be welcome by
practitioners in the area and newcomers to the dispute board
"This book will provide a very useful, perhaps essential, guide
to parties commissioning large capital construction projects, those
advising them and those bidding to carry out such works, and
importantly, the project funders."
"This is a must-have book for grown up contractors"
"His timely work ...concentrating on what may prove to be the
primary means of dispute resolution for major international
construction projects is to be welcomed."
"This excellent book on Dispute Boards is a must for every
construction lawyer, engineer, architect and contractor who is
either involved in Dispute Boards or wants to be"
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states' experiences of implementing the Cross-border Mergers Directive.
It is estimated that there are over five million incidents of fraud and two million cyber-related crimes committed annually in the UK costing approximately GBP193 billion with organisations losing GBP183 billion per year. Aimed at business directors, business owners, in-house lawyers and managers, forensic accountants and non-UK lawyers, Commercial and Cyber Fraud: A Legal Guide to Justice for Businesses sets out the legal process, from discovery of the crime and consideration of options, through engaging lawyers, early interventions to secure assets in the hands of fraudsters and culminating in sections on legal rights and processes, including court trials. This new title: - Arms victims of business fraud with valuable information that will enable them to make confident and wise choices in their pursuit of justice right from the first discovery of commercial fraud or cyber fraud - Sets out both the civil and criminal court options for victims - Includes detailed guidance on how to choose, use and pay for lawyers - Explains strategic imperatives, the relative merits of the different justice options and the hurdles that might have to be overcome - Includes case studies and quotes from real victims of commercial and cyber fraud and insightful quotes from specialist fraud litigation lawyers - Contains an introduction to international fraud cases and cross-border laws
This up-to-date and comprehensive title covers the entire field of corporate finance, including the recent changes stemming from the Dodd-Frank Act. In addition to discussing accounting and valuation concepts, it provides extensive coverage of the legal and financial underpinnings of debt securities, preferred and common stock, and derivative instruments (options, forward contracts, futures contracts and swap contracts). It also provides sample valuation problems, answers, and explanations. Written in ""plain-English"", you will find the work particularly useful, with or without any business background.
This book explores a range of problems in the application of agency law in commercial practice. Moving beyond the limited introductory resources currently available, it "tests" abstract agency law concepts in specific commercial contexts, with reference to jurisdictions around the world. There is an enduring commonality of concepts and principles within agency law, both within the Commonwealth and within the jurisdictions of the United States. The book's comparative approach, drawing together analysis of national and international jurisdictions, provides innovative perspectives and insights, as well as practical guidance on solving commercial problems. The book opens with a detailed introductory chapter which provides a broad overview of the agency issues arising in specific commercial contexts. The subsequent chapters are grouped thematically: company law, financial transactions and services, sale of goods; as well as agency in procedural contexts. Topics covered include the role of the director and directorial board in company law and agency law, agency in shipping law, undisclosed principal in sale of goods cases, regulation of conflicts of interest in securities transactions, poseur-agents and transactional intermediation, the operation of agency in retail financial services, the agent's warranty of authority, and power of attorney. This book is an invaluable resource on both agency theory and commercial practice.
Since 1980, partnerships' and S corporations' share of business receipts increased greatly. These entities generally do not pay income taxes. Instead, income or losses (hundreds of billions of dollars annually) flow through to partners and shareholders to include on their income tax returns. GAO has previously reported that the misreporting of income by partners and shareholders poses a tax compliance risk. This book describes what is known about misreporting of flow-through income; assesses how much misreporting IRS identifies; and analyzes possible improvements in IRS's use of data to better identify partnerships and S corporations to consider examining. This book also analyzes individual tax return data to determine who earns pass-through business income and bears the burden of taxes on that income.
This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author's experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.
This audio tape provides the essentials on commercial paper and payment law, including negotiable instrument types, holder-in-due-course, real and personal defenses, and jus tertii. It explores contracts, obligations, suretyship, agent signatures, and Article 4. Addresses banks and their customers, properly payable rule, wrongful dishonor, stopping payment, death of customer's subrogation, bank statements, and contract of deposit. It also examines offset, check collection, final payment, Expedited Funds Availability Act, delays, forgery, alteration, impostor rule, negligence rule, wire transfers, and Electronic Fund Transfers Act.
This publication is the third book in the "European Procurement Law Series". The publications in the Series consider the current state of law in the EU and looks into the interpretation, implementation and practice in a range of Member States. An important part of the books is a comparative analysis based on the in-depth analysis of the state of law in selected Member States. The books are written by a group of European academic experts of which several members give legal advice in the field of public procurement. The members of the group currently come from Italy, Germany, France, United Kingdom, Spain, Poland, Rumania and Denmark. The field of EU public procurement law is one of the few fields of EU law where a very developed enforcement regime is in place. Furthermore, recent legislation and practice from the European Court of Justice ensures an even higher level of effectiveness than previously. The analysis focus on national enforcement of the EU public procurement rules as enforcement mainly takes place at national level and the recent changes introduced with Remedies Directive 2007/66 are important but also unclear on substantial points. The new remedy ineffectiveness of concluded contracts will be given particular attention in the publication. Enforcement at supranational level will also be considered with emphasis on the possible interaction between national and supranational enforcement of the rules.
This book details some of the most important and interesting questions raised about the NEC4 family of contracts and provides clear, comprehensive answers to those questions. Written by an NEC expert with over 20 years' experience using, advising and training others, the book has several distinctive features: It covers the whole NEC4 family It is written by a very experienced NEC author who explains sometimes complex issues in a simple and accessible style The questions and answers range from beginner level up to a masterclass level The questions are real life questions asked by actual NEC practitioners on real projects. The book includes questions and answers relating to tendering, early warnings, programme issues, quality management, payment provisions, compensation events, liabilities, insurances, adjudication, termination and much more. It is essential reading for anyone working with the NEC4 family of contracts, whether professionals or students in construction, architecture, project management and engineering.
Good quality non-executive directors are essential to good corporate governance. They bring a wealth of experience to the boardroom, and together with their fellow board members they are responsible for the company's annual report and accounts. However, very few are trained accountants. This volume explains the key elements of a listed company's annual report and accounts. Part I explains the difference between profit and cash flows, the accounting profession, the international harmonisation of accounting rules, the origins of the rules governing the preparation of accounts, the regulation of financial reporting and the overarching principles behind accounting rules. Part II discusses issues relevant to listed companies: mergers and acquisitions; earnings per share; realised and distributable profits; financial instruments; and other key topics. An appendix sets out 50 questions, linked to the chapters, which non-executive directors might like to ask at meetings of the board and audit committee.
This volume (1) defines the specific-anticompetitive-intent, lessening-competition, distorting-competition, and exploitative-abuse tests of illegality promulgated by U.S. and/or E.U. antitrust law, (2) compares the efficiency defenses promulgated by U.S. and E.U. antitrust law, (3) compares the conduct-coverage of the various U.S. and E.U. antitrust laws, (4) defines price competition and quality-or-variety-increasing-investment (QV-investment) competition and explains why they should be analyzed separately, (5) defines the components of individualized-pricing and across-the-board-pricing sellers' price minus marginal cost gaps and analyses each's determinants, (6) defines the determinants of the intensity of QV-investment competition and explains how they determine that intensity, (7) demonstrates that definitions of both classical and antitrust markets are inevitably arbitrary, not just at their periphery but comprehensively, (8) criticizes the various protocols for market definition recommended/used by scholars, the U.S. antitrust agencies, the European Commission, and U.S. and E.U. courts, (9) explains that a firm's economic (market) power or dominance depends on its power over both price and QV investment and demonstrates that, even if markets could be defined non-arbitrarily, a firm's economic power could not be predicted from its market share, (10) articulates a definition of "oligopolistic conduct" that some economists have implicitly used-conduct whose perpetrator-perceived ex ante profitability depended critically on the perpetrator's belief that its rivals' responses would be affected by their belief that it could react to their responses, distinguishes two types of such conduct-contrived and natural-by whether it entails anticompetitive threats and/or offers, explains why this distinction is critical under U.S. but not E.U. antitrust law, analyzes the profitability of each kind of oligopolistic conduct, examines these analyses' implications for each's antitrust legality, and criticizes related U.S. and E.U. case-law and doctrine and scholarly positions (e.g., on the evidence that establishes the illegal oligopolistic character of pricing), and (11) executes parallel analyses of predatory conduct--e.g., criticizes various arguments for the inevitable unprofitability of predatory pricing, the various tests that economists/U.S. courts advocate using/use to determine whether pricing is predatory, and two analyses by economists of the conditions under which QV investment and systems rivalry are predatory and examines the conditions under which production-process research, plant-modernization, and long-term full-requirements contracts are predatory.
When you start a business, legal issues can seem complex, even
scary. "Business Law Basics" will help you ask smart questions and
get the right advice. This simple guide will show
When all parties involved in the construction process fully understand their roles and are able to anticipate potential points of conflict, disputes and delays will be minimised.
"The Employer's and Engineer's Guide to the FIDIC Conditions of Contract" sets out the essential administrative requirements of a FIDIC based contract by reference to the FIDIC 1999 Red Book.
The obligations and duties of the Employer and the Engineer are identified and discussed. Potential pitfalls are highlighted and likely consequences pointed out.
The importance of the Employer's role in the preparation of tenders, which fully reflect his requirements and duties and obligations arising in the execution of the works, is emphasised. The key role of the Engineer in the effective administration of contracts after award is examined and commentary provided.
Included in the guide are a number of appendices, including model letters which will be of value to less experienced staff (particularly those whose mother-tongue is not the English language).
Engineers, quantity surveyors and project managers engaged in the contractual administration of international projects using FIDIC forms of contract will find the concise guidance in simple and jargon-free language provided here invaluable.
This, together with the author's earlier book, "Contractor's Guide to the FIDIC Conditions of Contract - "which describes the duties, rights and responsibilities of the Contractor - represents the totality of supervision, design and execution of construction projects executed under the FIDIC Conditions of Contract.
This book's companion website offers invaluable resources to freely download, adapt and use: Model letters for use by the EmployerModel letters for use by the ContractorSample Interim Payment CertificateModel Form for Submissions to the EngineerModel Form of Engineer's Order for Varied WorksModel Form of Daywork/Daily Record Sheets
In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
A new edition of a book on sales and leases of goods by two of the country's leading experts in commercial law. The book uses a problem-based approach to help students master the applicable legal rules, understand how the law applies to both simple and complex commercial transactions, and learn how to use the law in planning transactions and drafting agreements. The book consists primarily of text and carefully sequenced problems. Many of the problems ask students to apply the law to a set of facts. Others do the reverse, asking students to identify a set of facts to which a specific rule applies. The remainder prompt students to think about the policies underlying the law or how the law affects commercial behavior or do a bit of contract drafting. An extensive teacher's manual, available in both print and electronic format, contains suggestions on teaching methodology and a detailed analysis of all problems. PowerPoint slides custom designed for almost every problem are available to teachers on the web site for the book.. For more information and additional teaching materials, visit the companion site.
From the standpoint of practising engineers, architects and contractors, the law of contract is the most important one and, from preparation of technical documents to its execution and in the determination of disputes, the engineer or architect must have relevant knowledge. This book acts as a practical guide to building and engineering contracts. All points are explained with illustrations gathered from decided court cases. This book covers the substantive law of contract applicable to building and engineering contracts with updated noteworthy judgments. FIDIC conditions are mentioned at appropriate places with a global focus. Key Features: Guide for a full and thorough understanding of the contractual undertakings of the civil engineering industry, primarily in India Discusses specific conditions which are fertile sources of disputes, referring to and commenting upon the FIDIC conditions Covers internationally adopted standard form conditions of contract with analysis, discussions and interpretations, with decided court cases from India and abroad Focuses on technical civil engineering aspects Addresses cases from countries including UK, US, Canada, Australia, New Zealand and India
The legal and economic landscape for building and development have fundamentally been altered by the country's major environmental problems - climate change, deforestation, loss of biodiversity, ozone depletion, pollution, and unsustainable natural resource consumption rates. The editors provide practical information for lawyers to assist their clients in fully understanding green building and sustainable development concepts so they can operate successfully in the evolving economic and regulatory environment while minimizing the potential cost penalty of business-as-usual practices.
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