This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.

This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and theorists about the meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice.

There is ample evidence about the negative effects business activity of all types can have on the provision of human rights. Equally, there can be little doubt economic development, usually driven through business activity and trade, is necessary for any state to provide the institutions and infrastructure necessary to secure and provide human rights for their citizens. The United Nations and businesses recognise this tension and are collaborating to effect change in business behaviours through voluntary initiatives such as the Global Compact and John Ruggie's Guiding Principles. Yet voluntary approaches are evidently failing to prevent human rights violations and there are few alternatives in law for affected communities to seek justice. This book seeks to robustly challenge the current status quo of business approaches to human rights in order to develop meaningful alternatives in an attempt to breech the gap between the realities of business and human rights and its discourse. This book was previously published as a special issue of the International Journal of Human Rights.

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.

Written to educate and equip aspirant professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry, this book discusses the roles and relationship of the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.The book is drafted in an easy, readable form. Technical jargon is minimised. The topics span across common issues and less common ones that practitioners and students should be aware of in the industry. Most of the examples are obtained from the industry (with modifications) and reflect current industry practices. Time-lines, flow-charts, sample forms, sample letters and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract, 9th Edition, the Public Sector Standard Conditions of Contract for Construction Works, 7th edition, and also the Building and Construction Industry Security of Payment Act.

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.

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.

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.

This collection of essays comprises some of Rudolf Richter's important contributions to research on New Institutional Economics (NIE). It deals with the central idea, principles, and methodology of New Institutional Economics and explores its relation to sociology and law. Other chapters examine applications of NIE to various microeconomic and macroeconomic issues in the face of uncertainty, from entrepreneurship to the euro crisis.

Written to educate and equip aspirant professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry, this book discusses the roles and relationship of the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.The book is drafted in an easy, readable form. Technical jargon is minimised. The topics span across common issues and less common ones that practitioners and students should be aware of in the industry. Most of the examples are obtained from the industry (with modifications) and reflect current industry practices. Time-lines, flow-charts, sample forms, sample letters and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract, 9th Edition, the Public Sector Standard Conditions of Contract for Construction Works, 7th edition, and also the Building and Construction Industry Security of Payment Act.

This compilation of original papers selected from the 19th Conference on Postal and Delivery Economics and authored by an international cast of economists, lawyers, regulators and industry practitioners addresses perhaps the most significant problem that has ever faced the postal sector - electronic competition from information and communication technologies (ICT). This has increased significantly over the last few years with a consequent serious drop in mail volume. All postal services have been hard hit by ICT, but probably the hardest hit is the United States Postal Service, which has lost almost a quarter of its mail volume since 2007. The loss of mail volume has a devastating effect on scale economies, which now work against post offices, forcing up their unit costs. Strategies to stem the loss in volume include non-linear pricing or volume discounts, increased efficiency and the development of new products. This loss of mail volume from ICT is one of a number of current problems addressed in this volume. The Universal Service Obligation (USO) continues to be a leading issue and concern that ICT undermines postal services ability to finance the USO is discussed. The importance of measuring and forecasting demand and costs take on even greater importance as ICT undermines the foundations of the postal business. This thought provoking book brings to bear new analyses of the most serious threat post offices have ever faced and raises fundamental questions as to the future of mail. Multi-Modal Competition and the Future of Mail is an ideal resource for students, researchers in regulation and competition law, postal administrations, policy makers, consulting firms and regulatory bodies.

Provides a guide to the general principles of Scottish law relevant to construction contracts and the main provisions of the standard forms of construction contract used in Scotland including: * the obligations of employers and contractors * certification * payment * ending a construction contract * remedies * subcontracts * collateral warranties * insurance * dispute resolution * regulatory matters The new edition has been substantially updated and expanded to take account of the latest editions of the Scottish Standard Building Contracts and recent case law. Specific updates have been driven by the following changes to legislation and standard contracts * Local Democracy Economic Development and Construction Act 2009 and the relative Scheme for Construction Contracts * Arbitration (Scotland) Act 2010 * Recognising the significant increase in use of NEC3 standard forms of contract, references to NEC3 provisions have been introduced throughout the relevant chapters so that each now covers the common law, the SBCC provisions and the NEC3 provisions. It also features new chapters on: litigation; competition; the Bribery Act 2010; and guarantees and bonds. From reviews of previous editions: * very approachable and readable I would particularly recommend this book to non-legal construction professionals Construction & Engineering Law * an informative textbook for the practitioner [a] significant contribution to knowledge Arbitration * a highly competent textbook which would be of value for industry professionals with no legal background Construction Law

This well-researched and highly topical book analyzes whether the ever-increasing degree of sophistication in intellectual property law necessarily leads to fragmentation and inconsistency, or whether the common principles informing the system are sustainable enough to offer a solid and resilient framework for legal development. The expert contributors explore the legal tools that are available to adjust IP protection to different needs and circumstances and how much flexibility exists to employ these tools. In providing answers to these and other similar questions, the book helps to resolve the fundamental question of whether one size can really fit all in the domestic and international context. Uncovering the general matrix of IP, The Structure of Intellectual Property Law will appeal to researchers in law, economics and business, students in intellectual property, competition law and economics, as well as practitioners and policy makers. Contributors include: M. Barczewski, M. Brown, M. Carroll, A. Christie, K. Crews, G. Dinwoodie, S. Enchelmaier, C. Geiger, H. Grosse Ruse-Khan, A. Ohly, R.J.R. Peritz, U. Petrusson, A. Peukert, C. Schmidt, M. Senftleben, J. Zajadlo

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.

Gegenstand des Handbuchs ist die Frage nach der Relevanz des Konzepts der Zivilen Sicherheit fur Recht und Rechtswissenschaft. Das ursprunglich nicht-juristischen Begriffsverwendungen entstammende Konzept ist geeignet, tradierte Diskussionen uber "Neue Sicherheitsbegriffe" oder die "Neue Sicherheitsarchitektur" in andere Bahnen zu lenken. Dadurch findet es auch Eingang in rechtspolitische, verwaltungswissenschaftliche und technikorientierte Sicherheitsdiskurse. Das Handbuch geht zentral folgenden Fragen nach: Welche Relevanz erlangt das Konzept der Zivilen Sicherheit im Recht und in der Rechtswissenschaft? Inwieweit ist es geeignet, Rechtsanwendung und Rechtswissenschaft bei der Handhabung von Sicherheitsbegriffen neue Impulse zu verleihen? Inwieweit kann das Konzept die Auslegung von Sicherheits- oder sicherheitsbezogenen Begriffen im Recht verandern? Welche Herausforderungen stellt das - ggf. neu auszulegende - Recht an Massnahmen zur Bestimmung, Herstellung und Gewahrleistung von Sicherheit ausserhalb des Rechts? Welche Ruckwirkungen auf das Recht der Zivilen Sicherheit folgen aus dem internationalen Recht und dem Unionsrecht?

How the problematic behavior of private citizens-and not just the police force itself-contributes to the perpetuation of police brutality and institutional racism "Warning: Neighborhood Watch Program in Force. If I don't call the police, my neighbor will!" Signs like this can be found affixed to telephone poles on streets throughout the US, warning trespassers that the community is an active participant in its own policing efforts. Thijs Jeursen calls this phenomenon, in which individuals take on the responsibility of defending themselves and share with the police the duty to mitigate everyday insecurity, "vigilant citizenship." Drawing on eleven months of fieldwork in Miami and sharing the stories and experiences of police officers, private security guards, neighborhood watch groups, civil society organizations, and a broad range of residents and activists, Jeursen uses the lens of vigilant citizenship to extend the analysis of police brutality beyond police encounters, focusing on the often blurred boundaries between policing actors and policed citizens and highlighting the many ways in which policing produces and perpetuates inequality and injustice. As a central premise in everyday policing, vigilant citizenship frames racist and violent policing as matters of personal blame and individual guilt, ultimately downplaying the realities of how systemically race operates in policing and US society more broadly. The Vigilant Citizen illustrates how a focus on individualized responsibility for security exacerbates and legitimizes existing inequalities, a situation that must be addressed to end institutionalized racism in politics and the justice system.

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 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.

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.

The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses' perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.

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.

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.

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.

In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.

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.