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.

This book describes the results of a research project on compliance and organizational integrity, financed by the German government and conducted over the last three years. The book offers a theoretical framework and valid instruments for measuring the outcome of compliance management: organizational integrity. To pinpoint the specifics of organizational integrity, and to create a framework for assessment, the book analyzes not only the cases of Siemens and Deutsche Bank but also a specific form of organization: governmental organizations. The book includes the results of a survey of employees in five German cities, in the course of which the author conducted interviews with the personnel responsible for compliance in different organizations. In addition, during their discussions he analyzed the administrative staff with regard to the decision-making processes they were involved in.

This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings' freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.

Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.

This book provides a deep understanding of state-owned multinationals (SOMNCs) and their role in global business. SOMNCs have emerged as a force to contend with in global competition, and their study connects several fields such as economics, political economy, international business and global strategy. This prestigious collection of articles presents insights into the interaction between government ownership and internationalization, and aims to provoke new research approaches and insights on the topic. The book includes some of the key contributions to our understanding of these firms and new commentaries explaining how to analyze them. This book is essential reading for academics and consultants looking to gain a clearer understanding of SOMNCs and how to research them.

Now in its third edition Construction Law by Julian Bailey is the definitive work of reference for construction law practitioners internationally. In three volumes, it provides the most comprehensive treatment of the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary. The book in its new updated form is an indispensable work of reference for law practitioners and is now accessibly priced for the post-graduate student market.

This book is the first study to examine the issue of the legality of parallel imports of trademarked goods under the most important legal systems on an international level, namely under GATT/WTO law, EU law and the laws of the ten major trading partners of the European Union. Part I consists of a general approach to the phenomenon of parallel importation and of a presentation of the theories that have been suggested to resolve the above-mentioned issue. The rule of exhaustion of rights, of which there are three types (rule of national, regional and international exhaustion of rights), is proposed as the most effective instrument to deal with the issue in question. Part II examines the question of exhaustion of trademark rights in light of the provisions of GATT/WTO Law. Part III analyzes the elements of the EU provisions on exhaustion of trademark rights (Articles 7 of Directive 2008/95/EC and 13 of Regulation (EC) 207/2009) and some specific issues relating to the application of these provisions. Part IV presents the regimes of exhaustion of trademark rights recognized in the European Union's current ten most significant trading partners. The book is the first legal study to welcome, in light of economic analysis, the approach adopted by GATT/WTO law and EU law to the question of the geographical scope of the exhaustion of the trademark rights rule. It includes all the case law developed on an international level on the issue of the legality of parallel imports of trademarked goods and a comprehensive overview of the scientific literature concerning the phenomenon of parallel imports in general and the legality of parallel imports of trademarked goods. All the views expressed in the book are based on the European Court of Justice's most recent case law and that of the courts of the most important trading partners of the European Union.

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.

Contract and procurement fraud, collusion, and corruption are worldwide problems. Such wrongdoing causes federal, state, and local governments, as well as private-sector corporations and businesses, to lose funds and profits, while the wrongdoers unjustly benefit. Bid riggers conspire to eliminate fair and open competition and unjustly increase prices, allowing some to monopolize industries. Too often, contracting officials and others responsible for placing orders or awarding contracts compromise their integrity and eliminate fair and open competition to favor vendors offering bribes or gifts. This results in unfair playing fields for vendors and causes financial losses for businesses, government agencies, and taxpayers. Charles Piper's Contract and Procurement Fraud and Corruption Investigation Guidebook educates readers on fraud and corruption schemes that occur before, during, and after contracts are awarded. This book teaches not only how to identify such wrongdoing, but also how to investigate it and prevent reoccurrence. Piper shares the Piper Method of Conducting Thorough and Complete Investigations, his innovative and proven method of investigating contract and procurement fraud, and demonstrates its principles with personal, on-the-job examples (which he calls "War Stories") woven throughout the text. Intended for criminal justice students, as well as investigators, auditors, examiners, business owners, policy-makers, and other professionals potentially affected by fraud, this book is a must-read guide to effective procurement and contract fraud investigations from inception to testimony.

The Asian model of export-led growth served it well in the post-war period, but prolonged sluggish growth of the developed economies following the global financial crisis, together with growing inequality and rising environmental problems, point to the need for a new growth model. The purpose of this book is to describe the challenges facing Asian economies in the post-global financial crisis environment and to identify structural issues and policies that can help guide Asian policymakers to expand the growth potential of domestic and regional demand in coming years, and thereby create a basis for balanced, sustainable, and inclusive long-term growth. These issues and policies span a variety of dimensions, including macroeconomic policy (monetary, fiscal, and foreign currency management), real sector issues (trade and industrial structure), infrastructure development, labor market and social policy, financial sector reform and regulation, and regional cooperation and architecture. Key recommendations to achieve these goals include measures to: deepen social protection to support social resilience; increase infrastructure investment to create a "seamless Asia"; enhance productivity in the services sector; establish a region-wide free trade agreement to encourage intraregional trade in goods and services and investment through economies of scale and dynamic efficiency of a larger market; promote a shift to a low-carbon society and support green growth; and deepen and integrate financial markets to facilitate the recycling of Asia's high savings for investment within the region.

Originally published in 1912, this book examines some of the issues raised by the 1906 case Risdon Iron Works v. Furness, which was a key suit on the issue of cross-border insolvency. Young divides the discussion into two parts: the juristic person in private international law and foreign companies and other corporations in English law. This book will be of value to anyone with an interest in the history of English company and tax law.

These flow charts depict the procudures followed when using the NEC3 Supply Contract (SC). They are intended to help people using the SC to see how the various SC core clauses and Options come together to produce clear and precise sequences of action for the people involved. 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.

Option F is a cost reimbursable management contract where the financial risk is taken largely by the client. This document contains all the core clauses and secondary option clauses the schedules of cost components, and contract data, relevant to an option F contract. 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.

The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a "(world) risk society." Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: * Social risks and business regulation * Preconditions for better business regulation * Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible-without jeopardizing the related public goals-the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

This book is an introduction to construction contract administration and management, covering the delivery and execution stage of a construction project and the various issues which the contract administrator needs to proactively manage. It can therefore be used as a contract administrator's resource book covering what needs to be done (and why) to keep a construction project on track from a commercial and contractual perspective. It is particularly appropriate for students and new practitioners from varied construction professions and whilst it covers domestic (UK) projects, it will be particularly useful for those studying and working on international projects where terminology, procedures and legal systems may differ from the UK. The content is split into four parts and is subdivided into easy-to-read chapters replicating the timeline of a project during the construction stage: Part A covers initiating the construction stage, project delivery mechanisms, contract administration and health and safety management; Part B covers managing the construction stage, contractor performance and relationship management; Part C covers finalising the construction stage, project completion and close-out; Part D covers claims and disputes. Introduction to Construction Contract Management will be particularly useful for students enrolled on global construction programmes together with international distance learning students and non-cognate graduates starting out on an international career in construction contract administration and quantity surveying.

Which member of the NEC3 family of contracts should I use? How do I choose and use my main and secondary options? What are the roles and responsibilities of the various parties? How should I effectively manage early warnings and compensation events? Important questions can arise when working with NEC3 contracts, some of them have simple answers and others require more a detailed response. Whether you are an NEC3 beginner or an expert, the 100 questions and answers in this book are a priceless reference to have at your fingertips. Covering issues that can arise from the full range of NEC3 forms, Kelvin Hughes draws on questions he has been asked during his 20 years working with NEC and presenting training courses to advise, warn of common mistakes, and explain in plain English how these contracts are meant to be used.

The focus of this book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.

This book deals with one strand of the intense debate concerning the links between law and development, namely the coordination of innovation processes and legal change. It analyzes how innovation, and ultimately development, can be fostered or hindered by existing or new legal infrastructures. The book includes eleven original contributions from senior and junior scholars and is divided into two parts, the first focusing on theoretical frameworks and the second presenting several case studies on various institutional aspects. A particular strength of this part is its broad geographical coverage, which encompasses the legal frameworks in Europe, the Americas, Africa, and Asia. The contributions collected in this book will be of value to a broad readership. Academic scholars will find useful information on lessons learned from reforms implemented in different areas and come to better understand the methodological hurdles involved in reform assessment. Policymakers in national and international organizations can draw on these studies when designing new programs. Lastly, practitioners in developed and developing countries can use these contributions to promote the success of current or new initiatives.

Competitive dialogue is a procedure introduced into the EU procurement system in 2004 to provide an improved method for awarding complex contracts, such as those for public infrastructure and major IT systems. This book provides a critical examination of the legal rules on this new procedure, focusing in particular on grey areas such as availability of the procedure and the scope for negotiations after 'final tenders'. It considers both the EU-level rules and the way in which those rules have been applied in national systems. The examination draws on extensive evidence of the way in which the procedure has been operated and interpreted across Europe, including from several studies commissioned specifically for this volume. It also includes an extensive chapter co-authored by the volume editors which provides a thorough analysis of the EU-level rules, a comparative reflection on national experiences and significant critical commentary and recommendations.

This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.

Contemporary discussions of the corporation tend to divide into one of two camps: On one side are scholars who treat the firm as a purely economic and contractual entity, while another set of scholars look at corporations in purely political terms. Therefore, the corporation is not merely an economic endeavor; it is a political institution and must therefore serve social ends and not merely profit. In The Form of the Firm, Abraham Singer contends that both of these approaches overstate their cases dramatically, resulting in two wrongheaded, influential accounts of the corporation. He offers a third way that sees the corporation as being both economic and political. First, it is true that corporations exist primarily to increase economic efficiency. However, they do this in ways that distinguish them from the markets in which they operate. Corporations are not natural outgrowths of the free market, but institutions that we have developed to correct market inefficiencies through mechanisms normally associated with politics. Corporations use social power, norms, and state-sanctioned authority to establish economic cooperation in ways that markets cannot. But, Singer argues that they also have an obligation to uphold the norms of liberal democracy that enable their existence and smooth-running in the first place. A profound rethinking of what a corporation actually is and how power within it ought to be structured and exercised, The Form of the Firm will reshape our understanding of corporate governance, corporate law, and business ethics.

This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.

The fifth edition of this bestselling textbook has been thoroughly revised to provide the most up-to-date and comprehensive coverage of the legislation, administration and management of construction contracts. It now includes comparisons of working with JCT, NEC3, and FIDIC contracts throughout. Introducing this topic at the core of construction law and management, this book provides students with a one-stop reference on construction contracts. Significant new material covers: procurement tendering developments in dispute settlement commentary on all key legislation, case law and contract amendments In line with new thinking in construction management research, this authoritative guide is essential reading for every construction undergraduate and an extremely useful source of reference for practitioners.

The current debate over privacy presents some of the most complex policy-making challenges we have seen in some time. While data on consumers have long been used for marketing purposes, the Internet has substantially increased the flow of personal information. This has produced great benefits, but it also has raised concerns on the part of individuals about what information is being collected, how it is being used and who has access to it. These concerns, in turn, have led to calls for new government regulation. This study focuses on the market for personal information used for advertising and marketing purposes, which is the market affected by most of the regulatory and legislative proposals now under consideration. Unfortunately, there has been little careful analysis of these proposals and their likely consequences. This book attempts to fill this gap by addressing the following basic questions: * Are there 'failures' in the market for personal information? * If market failures exist, how do they adversely affect consumers? * Can such failures be remedied by government regulation? * Would the benefits of government regulation exceed the costs?GBP/LISTGBP The authors find that the commercial market for information appears to be working well and is responding to consumers' privacy concerns. They conclude that regulation imposed on a medium like the Internet that is changing so rapidly would have unpredictable and costly consequences. This study is a product of The Progress & Freedom Foundation's project on Regulating Personal Information: Balancing Benefits and Costs. The Progress & Freedom Foundation studies the impact of the digital revolution and its implications for public policy. It conducts research in fields such as electronic commerce, telecommunications and the impact of the Internet on government, society and economic growth. It also studies issues such as the need to reform government regulation, especially in technology-intensive fields such as medical innovation, energy and environmental regulation.