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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
Of all industries in the United States, the food industry must in fact be the most regulated by law. If it is not, its competition for this distinction goes unnoticed. All phases of the food industry are subjected to some control by law, beginning with the land food is grown on and the oceans from which it is harvested. Seed and plant stock are sometimes subjected to control such as to the nutritional value of the foods they produce. Acreages of agricultural crops, the quantities of foods to be produced, are regulated. As foods are produced, whether from plants or animals, the substances applied to increase yields or provide protection from pests are controlled to insure safe use. As foods enter and pass through the huge marketing system they are scrutinized from beginning to end by regulatory agents operating under authority of food laws. Those foods which are transformed through various technologies into today's thousands of consumer products are watched carefully to insure the appropriateness and safety of added ingredients, not all of which are natural, and the adequacy of processing, packaging and storage. Finally, the representation of foods to consumers through labeling and advertising is controlled to make sure it is accurate and sufficiently informative.
Where the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.
The Market in Financial Instruments Directive (MiFID) is nothing short of a revolution. Introduced on 1 November 2007, it will have a profound, long-term impact on Europe's securities markets. It will see banks operating as exchanges for certain activities, offering alternative execution services that more closely resemble the structure of over-the-counter markets, and will lead to the decentralisation of order execution in an array of venues previously governed by concentration rules. Crucially, MiFID will also have a profound impact on the organisation and business strategies of investment firms, exchanges, asset managers and other financial markets intermediaries. Until now, analysis has focused on the directive's short term implementation issues. This book focuses on the long term strategic implications associated with MiFID, and will be essential reading for anybody who recognises that their firm will need to make constant dynamic readjustments in order to remain competitive in this challenging new environment.
The Schuman Report on the State of the Union is a work of reference which everyone now looks forward to reading every year. For decision makers and observers of European policy it is a source of original thought and ideas, underpinned by a strong requirement for quality. It is a tool for those who are looking for reliable sources in terms of European statistics and macro-economic data. Some eminent people have chosen to contribute their ideas also. In 2013, Josef Ackermann, former CEO of Deutsche Bank, Chairman of the Board of Directors of Zurich Insurance Group , offers his analysis of the banking Union, Lord Dykes, Foreign Affairs Spokesperson for the LibDems in the House of Lords, provides readers with his view of the future for the UK in the European Union and Alain Lamassoure, MEP, Chairman of the Budget Committee in the European Parliament, suggests a budgetary federation.The very best specialists help to throw light on the major trends ongoing in the economy and also in international and European politics. This book includes around 35 maps that are often unique, in explanation of the major issues the Union is facing. It also includes a summary of political Europe which analyses the 2012 electoral year (among France, Greece, The Netherlands, Romania), looks into the political and economic representation of women in Europe and draws up an overview of normative output in the Union in 2012. A unique series of commented statistics and maps covers all of the main topical issues (growth, buying power, economy, demography, immigration, energy, environment) and enables the Schuman Report 2013 to present a full view of the European Union and its policies.
Written specifically for exporters and those without legal training, this book is an introduction to the business laws of the European Union that need to be understood by those operating outside the EU. It is a practical guide to the regulatory and procedural issues that exporters and businesses need to be aware of. While providing an overview of how the EU operates as a governing body, the book addresses the key matters that exporters will face during their business transactions. Topics covered include: * Direct export transactions to the EU * Exporting via an agent or distributor * Customs laws and procedures * Resolving international business disputes * How to establish a permanent business presence within the EU The book uses case studies to illustrate how these transaction types can be applied to real world business dealings. It is an essential resource for anyone involved in international business with customers in the European Union.
Legislation and case law following the relatively recent corporate scandals have increased scrutiny on the ethics and integrity of individuals, and the culture they create, at the highest levels within the corporate structure. The corporate General Counsel (GC) is a key member of that group. This enhanced attention increases the already substantial tensions facing the GC, who must navigate the demands and interests of various corporate stakeholders-including the board of directors, officers (particularly the CEO), stockholders, and employees-while also serving the best interests of the client, which is-and should only be-the corporation itself. In light of these heightened expectations on ethics, integrity, and other liability concerns, Indispensable Counsel: The Chief Legal Officer in the New Reality examines the key role of the independent, yet business-oriented, chief legal officer. Indispensable Counsel provides readers with the foundations of corporate representation followed by practical guidelines on how the multiple roles of GC are, or should be, resolved, with best practices as the goal. Former Supreme Court Justice of Delaware E. Norman Veasey and coauthor Christine T. Di Guglielmo bring their stature and wealth of experience in the field to bear in this must-have resource for anyone interested in the role of corporate counsel.
Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.
Provides a clear and comprehensive guide to the 2017 FIDIC contracts--written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer's Representative's function in the Silver including the new procedure for determinations as well as the Employer's obligations and contract administration. The Contractor's obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer's right to suspend the works; testing on and after completion and the Employer's taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.
In countries such as the UK, the energy used in constructing, occupying and operating buildings represents approximately fifty percent of greenhouse gas emissions. Pressure to improve the environmental performance of buildings during both construction and occupancy, particularly to reduce carbon emissions from buildings, has become intense. Understandably, legislation and regulation are driving green development and compliance. And this is happening in a wide variety of ways. This review of the law in key jurisdictions for the research community, lawyers, the construction industry and government examines some of the mechanisms in place - from the more traditional building regulation controls to green leases and the law relating to buildings and their natural environment. Members of the CIB TG69 research group on 'Green Buildings and the Law' review aspects of the law relating to green development in a range of jurisdictions.
The carriage of goods by sea starts off with a contract of carriage, an essentially simple and straightforward contract between two parties, the shipper and the carrier. Very often, however, a bill of lading is issued and a third party appears on the scene: the holder of the bill of lading. The holder was not involved in the making of the contract of carriage, but does have rights, and possibly obligations, against the carrier at destination. The question then is how the third-party holder of the bill acquires those rights and obligations. Analysing the different theories that have been proposed to explain the position of the third party holder, this book makes a distinction between contractual theories and non-contractual theories to explain the holder's position. Contractual theories build on the initial contract of carriage and apply contract law mechanisms while non-contractual theories construe the position of the third-party holder independently. Following the analysis and appraisal of the different theories, this book makes the case that the position of the third-party holder of the bill of lading is not obvious or self-evident; and submits that a statutory approach to the position of the holder of the bill of lading has advantages and would be preferable.
In countries such as the UK, the energy used in constructing, occupying and operating buildings represents approximately fifty percent of greenhouse gas emissions. Pressure to improve the environmental performance of buildings during both construction and occupancy, particularly to reduce carbon emissions from buildings, has become intense. Understandably, legislation and regulation are driving green development and compliance. And this is happening in a wide variety of ways. This review of the law in key jurisdictions for the research community, lawyers, the construction industry and government examines some of the mechanisms in place - from the more traditional building regulation controls to green leases and the law relating to buildings and their natural environment. Members of the CIB TG69 research group on 'Green Buildings and the Law' review aspects of the law relating to green development in a range of jurisdictions.
This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major 'social bad', and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals. There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets - such as kickbacks to facilitate contracts in international commerce - and illegal markets - such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis. Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.
* No other book captures how construction industry relationships and practices have influenced the common law of contracts in the United States
This book provides guidance on delay analysis, particularly in relation to extension of time submissions. It gives readers the information and practical details to be considered in formulating and resolving extension of time submissions and time-related prolongation claims. Useful guidance and recommended good practice is given on all the common delay analysis techniques, and worked examples of extension of time submissions and time-related prolongation claims are included. Written in a practical and user-friendly style, the book includes helpful charts and graphics. It will be useful for construction professionals dealing with extensions of time and delay claims, and for lawyers and others who are involved in the contentious side of the construction and engineering industries. Roger Gibson has over 40 years of planning & programming experience in the construction and engineering industries. During the latter part of his career his has received many appointments as an Expert in time-related disputes.
Option D is a target cost contract with a bill of quantities where the out-turn financial risks are shared between the Client and the Contractor in an agreed proportion. This document contains all the core and secondary option clauses, the schedules of cost components, and contract data relevant to an option D 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.
Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Bislang sind40 BAnde mitA1/4ber 2800 Entscheidungen aus allen Gerichtszweigen erschienen. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen. Der vorliegende Band 41 umfasst die Entscheidungen in Kirchensachen fA1/4r den Zeitraum 1.7.2002 bis 31.12.2002.
This popular guide provides an understanding of basic design criteria and calculations, along with current inspection and testing requirements and explains how to meet the requirements of the IET Wiring Regulations. The book explains in clear language those parts of the regulations that most need simplifying. There are common misconceptions regarding bonding, voltages, disconnection times and sizes of earthing conductors. This book clarifies the requirements and outlines the correct procedures to follow. This provides an affordable reference for all electrical contractors, technicians and other workers involved in designing and testing electrical installations. The content covers the requirements for both City & Guilds and EAL courses, and contains sample exam questions and answers. It also makes an ideal revision guide. Fully up to date with the 18th Edition of IET Wiring Regulations. Simplifies the advice found in the Wiring Regulations, explaining what they mean in actual working practice for design and testing. Expert advice from an engineering training consultant, supported with colour diagrams, examples and key data.
Welche Unregelmassigkeiten sind uberhaupt Mangel? In welchen Fallen mussen sie beseitigt werden? Wie hoch ist ein Minderwert anzusetzen? Dieser Leitfaden informiert daruber, welche Unregelmassigkeiten an Gebauden wie z.B. Farbabweichungen, Verschmutzungen, Beschadigungen, Unebenheiten oder Rissbildungen nicht zum Gegenstand von Streitigkeiten gemacht werden sollten bzw. wie bei unklaren Verhaltnissen am besten vorzugehen ist.
Die vom Institut fA1/4r Kirchenrecht und rheinische Kirchenrechtsgeschichte an der Rechtswissenschaftlichen FakultAt der UniversitAt zu KAln betreute Sammlung a žEntscheidungen in Kirchensachen seit 1946a oe bietet die Judikatur staatlicher Gerichte zum allgemeinen Religionsrecht und zum VerhAltnis von Kirche und Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen Raum. Sie bilden zugleich ein Dokument der Zeitgeschichte. Ab Band 39 wird die fA1/4r die VerhAltnisse in Deutschland relevante Rechtsprechung europAischer GerichtshAfe in die Sammlung einbezogen.
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
In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 35 prolific judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 35 featured judges.
Die neue Energieeinsparverordnung (EnEV 2009) fordert nun eine wesentlich verscharfte Umsetzung der EG Richtlinie uber die Gesamtenergieeffizienz von Gebauden. Zugleich ist auch das Energieeinsparungsgesetz (EnEG 2009) in Teilen ebenfalls erheblich geandert und das Erneuerbare-Energien-Warmegesetz (EEWarmegesetz) neu eingefuhrt worden. Auch die rechtliche Bewertung von Energieausweisen, insbesondere die daraus resultierende Haftung, gewinnt zunehmend an Bedeutung. Das Kompendium zum Energieausweis fuhrt Architekten, Ingenieure, Handwerker, Gerichte, Rechtsanwalte, Sachverstandige und alle, die sich mit dem Verkauf, der Vermietung, der Verwaltung und der Bewertung von Immobilien befassen, in das komplexe Thema ein, beleuchtet die technischen und rechtlichen Aspekte und liefert das notwendige Handwerkszeug zur Erstellung und Bewertung von Energieausweisen.
Your own in-house legal advisor at a fraction of the cost Written in plain-English for business people without any legal training, Law For Small Business For Dummies covers everything you need to be aware of regarding the law when you're starting and running your own business. Cutting through the jargon that can make even the pros scratch their heads, this book quickly gets you up-to-speed on the key areas of business law, including contracts, websites, intellectual property, data protection and partnership agreements. Plus, you'll find out how small business law applies to advertising and marketing, confidentiality agreements, the sale and supply of goods (including e-commerce), negligence and product liability. There were 526,000 new businesses registered in the UK in 2013 and, at some point, all of them will be faced with legal risks that could make the difference between success and failure. One claim could wipe out a fledgling business' profits, and hit even big businesses harder than they could ever imagine. If you're the owner of a new business and need to get a handle on the ins and outs of small business law and don't have the budget to employ an in-house legal advisor this trusted, approachable guide is your answer. * Covers the laws surrounding the most common risks small businesses face * Addresses how to deal with legal issues before a potentially costly dispute arises * Provides access to handy sample contract templates on Dummies.com * Serves as your own in-house legal advisor at a fraction of the cost If you're an existing business owner or an aspiring entrepreneur thinking about starting your own business, Law For Small Business For Dummies gives you answers to questions you didn't even know to ask!
[a oeRulings in Ecclesiastical Matters Since 1946a ]The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns. |
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