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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.
This anthology highlights the theoretical foundations as well as the various applications of Behavioural Law and Economics in European legal culture. By the same token, it fosters the dialogue between European and American Law and Economics scholars. The traditional neo-classical microeconomic theory explains human behaviour by using Rational Choice. According to this model, people tend to maximize the difference between expected utility and cost ("expected utility theory"). This theory includes three assumptions: (1) unbounded rationality, (2) unbounded self-interest, and (3) unbounded willpower. Behavioural Economics questions these assumptions and endeavours to render economic analysis more realistic by underpinning it with psychological insights. In recent years, the influence of Behavioural Economics on the Economic Analysis of Law has gained momentum. Behavioural Law and Economics generates a better theoretical understanding of legal phenomena and offers a multitude of applications in legislation and legal adjudication. This volume is testament to the growing and thriving Law and Economics movement in Europe. The European Law and Economics community has steadily grown and the yearly Law and Economics Conference at the law faculty of the University of Lucerne has successfully become a guiding star in the vast sky of Law and Economics.
Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways - for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement - for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.
There are three specific purposes of Construction Dispute Research. First, this volume aims to summarise studies on construction dispute. Second, apart from the theoretical constructs, where appropriate empirical tests are also included. This approach serves to go beyond the commonly used anecdotal approach for the subject matters. Third, it is the sincere hope of the authors that this book will help shaping research agenda of construction dispute. The studies are mostly framed from a management perspective drawing on methods and concepts in contract law, economics, psychology and management science. The book has twenty chapters that are arranged in four parts covering conceptualisation, avoidance, negotiation and mediation. Part 1 is devoted for dispute conceptualisation. A building is only as strong as its foundation. Thus it is no better start to study construction dispute by conceptualisation. The theme of Part 2 is dispute avoidance. The conventional wisdom of 'prevention is better than cure' seems can be applied to all problems. As far as construction dispute is concerned, equitable risk allocation and trust are the two most commonly accepted avoidance strategies. Part 3 focuses on negotiation that is the gateway to resolution as almost all disputes are negotiated first before the service of other mechanisms. Negotiation is sometimes described as an art because settlement may not be obtained solely from legal and rational approaches. Part 3 discusses the behavioral dimensions of construction dispute negotiation. Part 4 deals with Mediation- a form of assisted negotiation. Specially, the skill of the mediators in facilitating settlement, the interrelationships among dispute sources, mediator tactics and mediation outcomes are explored. The studies presented in Construction Dispute Research collectively demonstrate holistic approach in dispute management. Each chapter can be read as a study on its own. Practitioners will find the book a handy reference in dispute management and resolution. Students would find the book useful in explaining in details the causes of dispute, the processes to resolve them. The research design and empirical approaches are particularly useful to students in construction management, architectural, surveying and civil engineering programs.
The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross  which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing ) are also included. Other important case law which is now considered include Pitt v Holt, re Futter  and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands.
"Construction Contract Variations "analyses the issues that arise in determining whether certain work is a variation, the contractor s obligation to undertake such work as well as its right to be paid. It deals with the employer s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts.
This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying. "
Now in its fourth edition, this textbook confronts many of the major problems which can arise in claims situations. It employs a systematic approach and is supported by extensive reference to UK and international case law. The negotiation and settlement of claims is an essential - but often overlooked - element of the construction industry, and this troubleshooting guide can help construction professionals, students and contractors to protect themselves against costly claims. Helpful explanatory diagrams make this book an indispensable resource for tackling various types of claims both in the UK and internationally. This text is the essential guide for construction professionals, contractors, undergraduate and postgraduate students alike. It will save professionals and contractors time and money and will prepare students for the reality of the construction industry.
Exam Pro on Business Associations is a study aid that helps law students prepare to take their Business Associations exam. Taking the sample objective exams and using the corresponding answers and analysis provides students with a more thorough understanding of Business Associations and a better understanding of how to take exams.
As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. This book is designed for a corporations or business organizations course that introduces fundamental entity concepts in the context of legal planning challenges and through exercises that develop analytical, problem solving, writing, and communication skills. The book features: 66 mini-case study problems Core doctrinal concepts and contemporary issues, such as say-on-pay, latest shareholder proposal trends, director election bylaws, JOBS Act of 2012, advance notice bylaws (round two), and more Comprehensive discussions on a wide range of planning challenges: choice-of entity, buy-sell agreements, employee protections, owner operational deal points, ethical challenges, shareholder debt, securities law exemptions, structuring business sales, director protections, controlling shareholder risks, hostile takeover bids, executive compensation, and more Practical, understandable discussions on financial statements, fundamental financial concepts, business entity taxation, going public realties, bonds, drafting key organizational documents, business valuations, and more Court opinions and statutory materials that eliminate the need for supplementary materials
As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. This set of contracts, currently in the third edition, is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 Engineering and Construction Short Contract uses plain English to lead the reader through the contract's key features, including: the use of early warnings programme provisions payment compensation events preparing and assessing tenders Common problems are signalled to the reader throughout, and the correct way of reading each clause explained. In addition, the things to consider when deciding between the ECSC and the longer Engineering and Construction Contract are discussed in detail. Written for professionals without legal backgrounds, by a practicing construction contract consultant, this handbook is the most straightforward, balanced and practical guide to the NEC3 ECSC available. An ideal companion for Employers, Contractors, Project Managers, Supervisors, Engineers, Architects, Quantity Surveyors, Subcontractors, and anyone else interested in working successfully with the NEC3 ECSC.
Construction professionals of all kinds frequently need legal advice that is straightforward as well as authoritative and legally rigorous. Building on the success of two previous editions, David Chappell returns to provide answers to 225 FAQs from his experience as Specialist Advisor to the RIBA. With 50 new questions, and thorough updates to address changes to the law and contracts, this is an invaluable first port of call for any construction law problem. Questions range in content from extensions of time, liquidated damages and loss and/or expense to issues of practical completion, defects, valuation, certificates and payment, architects' instructions, adjudication and fees. Among the new questions are: Is the contractor bound by its price even if there is an error? How do terms about working in a spirit of trust affect other clauses? Can architects lose their rights to certify under JCT 2011 contracts? Every question included has been asked of David Chappell during his career, and he uses his vast experience to provide clear, easy to follow advice in this book. Most were originally asked by architects, but the answers will be of wide interest to everyone involved in construction.
This supplement accompanies the course books International Business Transactions: A Problem-Oriented Coursebook, 12 and International Transactions: Trade and Economic Relations, 12th.
This book is primarily intended as a supplement to an existing Commercial Transactions survey course, but could also be used as a stand-alone text for a seminar course or other specialized elective. The book seeks to fill in the blanks that might be left by a traditional casebook focusing on domestic law, providing not only the international perspective but also sufficient domestic context to facilitate a comparative-law discussion. The book includes not only topics that are staples of international commercial law (such as the CISG and international insolvency), but also items of particular contemporary concern, including clawbacks, microfinance, and religious objections to the payment of interest in commercial contracts. For more information visit the companion site.
This multivolume audio CD library brings a corporations course to life simply and succinctly. Discusses the nature, attributes, and formation of a corporate entity along with various contingencies. Among the topics examined are rights and powers of corporate directors, officers, and shareholders, including the nature and scope of their fiduciary obligations; proxy solicitations under Section 14(a); close corporation provisions and agreements; dissolution; fiduciary matters; state regulation of insider trading; short-swing profits under Section 16(b); derivative suit litigation; issuance of stock; dividends and other shareholder distributions; and fundamental corporate changes. Includes a close analysis of the elements of the federal Antifraud Section 10(b), and Rule 10b-5.
This casebook focuses on Article 9 of the Uniform Commercial Code, dealing with secured transactions in personal property. It incorporates and discusses recent revisions to the Code, which made the most significant changes in three decades. The Fourth Edition includes early leading cases interpreting Revised Article 9.
Packed with current examples and engaging scenarios, BUSINESS LAW AND THE LEGAL ENVIRONMENT, STANDARD EDITION, 7E has earned the stamp of approval from trial and appellate judges, working attorneys, scholars, teachers, and learners for its full breadth of business law coverage. Extremely reader-friendly, the text is known for its lively, conversational writing style that explains complex topics in easy-to-understand language as it illustrates how legal concepts apply to everyday business practice. The seventh edition includes a new emphasis on the digital landscape, expanded coverage of international law, and new information on privacy issues. In addition, hands-on activities help you learn to think through business issues from a lawyer's perspective.
Businesses exist to provide goods and services to customers, and in so doing they take risks. Among these risks is the possibility of losing money in lawsuits filed by customers, employees, or others negatively impacted by the business. Insurance provides some protection against these liabilities, but lawsuits still take their toll. This book covers the subject of economic damages and their role in lawsuits against businesses. In brief, economic damages are claimed losses that can be valued in terms of some market equivalent. As such, economic damages are a reasonably objective and predictable component of liability risk. Business managers and students working toward a business degree can and should get a handle on economic damages. The book shows readers how that can be accomplished by introducing them to relevant economic fundamentals and applying those fundamentals to a range of lawsuits, including tort claims of personal injury and wrongful death, wrongful termination of employees, and business contract disputes.
Extremely reader friendly, ESSENTIALS OF BUSINESS LAW AND THE LEGAL ENVIRONMENT, 12e uses a nontechnical presentation to help you understand the dynamics of today's legal environment for business. Covering a broad variety of key subjects and emphasizing ethical decision making, the text presents all business law topics required for success on the CPA exam. Cases are carefully summarized and integrated in order to present both recent legal issues and landmark court decisions while minimizing legal jargon. The 12th Edition includes new "Going Global" features that highlight the international aspects of legal issues, more than 30 recent cases, updated coverage of limited liability companies and suretyship, amendments to UCC Articles, SEC rules on social media, recent U.S. Supreme Court decisions, and much more.
This report provides an overview of arguments explaining the risk of corruption. Corrupt acts are subject to decision making authority and assets available for grabbing. These assets can be stolen, created by artificial shortage, or become available as the result of a market failure. Assets that are especially exposed to corruption include profits from the private sector, revenues from the export of natural resources, aid and loans, and the proceeds of crime. Whether or not opportunities for corruption are exploited depends on the individuals involved, the institution or society they are part of, and the law enforcement circumstances. Corruption usually persists in situations in which players are aware of the facts but nonetheless condone the practice. Absence of reaction can result from information asymmetries (in which the people who are supposed to act are not aware of the need to act), coordination failure, patronage-determined loyalty, and incentive problems at the political level. This review of results and insights from different parts of the scholarly literature on corruption focuses on areas where research can guide anticorruption policy. The report also describes a number of corruption-related challenges in need of more attention from researchers.
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