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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
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.
"Law and the Built Environment" is a core textbook for all students
undertaking compulsory law modules on construction, real estate and
property management programmes. This single text provides an
accessible introduction to the many areas of law studied by
aspiring built environment professionals. Written by a team of
lecturers with many years' teaching experience in these areas, key
principles of English law are placed in their relevant professional
context and clearly explained in exactly the right level of detail
for success in the modules studied. The book also focuses in
greater depth on some specialist areas of built environment
professional practice, including construction contracts, health and
safety, rent review, dilapidations, and lease renewals.
It provides an essential resource for students studying for
qualifications leading to professional membership of the Royal
Institution of Chartered Surveyors (RICS) or the Chartered
Institute of Building (CIOB). It caters primarily for students
studying these subjects at bachelor's degree level, but will also
be suitable for students on programmes at HNC and HND levels, as
well as those undertaking professional examinations. It will also
provide introductory reading for students undertaking master's
level programmes, and particularly for the increasing numbers of
graduates from other disciplines who are now studying on
RICS-accredited master's degree conversion programmes.
Public procurement law, regulating public sector purchasing of
certain contracts for goods, works and services, is an area of EU
law which is closely intertwined with the UK's economy. It will
almost inevitably be affected by the consequences of Brexit. At a
time of significant uncertainty, this book explores policy
directions which domestic procurement law could take in the future,
including whether 'Buy National' policies might feasibly be
introduced, or whether existing procurement procedures could be
significantly reviewed.
The very foundation of the economy is changing. Across the United
States, primary and secondary sector industries are no longer as
viable as they once were - because the particular businesses are no
longer profitable, because the underlying resources are no longer
as plentiful or desirable, or because human activity is not
essential to various aspects of an industry's operations. As
economies evolve from traditional industrial resources, such as
mining and manufacturing, to 'new' resources, such as information
and content, innovation and entrepreneurship are key.
Entrepreneurship and Innovation in Evolving Economies examines the
role of law in supporting innovation and entrepreneurship in
communities whose economies are in transition. It contains a
collection of works from different perspectives and tackles tough
questions regarding policy and practice, including how support for
entrepreneurship can be translated into policy. Additionally, this
collection addresses more concrete questions of practical efficacy,
including measures of how successful or unsuccessful legal efforts
to incentivize entrepreneurship may be, through intellectual
property law and otherwise, and what might define success to begin
with. Expertly researched and widely accessible, Entrepreneurship
and Innovation in Evolving Economies will appeal especially to
students and scholars of innovation, law, and entrepreneurship.
Contributors: M.M. Carpenter, S. Ghosh, E.J. Gouvin, S.D. Jamar,
A.L. Johnson, B. Krumm, P.H. Lee, M.J. Madison, L. Mtima, S.M.
O'Connor, M. Risch, F.G. Snyder, E. Townsend Gard
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.
Electrical Safety and the Law describes the hazards and risks from
the use of electricity, explaining with the help of case studies
and accident statistics the types of accidents that occur and how
they can be prevented by the use of safe installations, equipment
and working practices. It describes the British legislation on the
safety of electrical systems and electrotechnical machinery control
systems, much of which stems from European Directives and which
will therefore be affected by the UK's decision to leave the EU
(Brexit), and the main standards and guidance that can be used to
secure compliance with the law. There are detailed descriptions
covering the risks and preventive measures associated with
electrical installations, construction sites, work near underground
cables and overhead power lines, electrical equipment and
installations in explosive atmospheres, electrical testing and
electrotechnical control systems. Duty holders' responsibilities
for designing, installing, and maintaining safe systems are
explained, as well as their responsibilities for employing
competent staff. The fifth edition has been substantially updated
to take account of considerable changes to the law, standards and
guidance; it has been expanded to include: a new chapter on the
Corporate Manslaughter and Corporate Homicide Act; a new chapter
describing landlords' legal responsibilities for electrical safety
in private rented properties and social housing; a new chapter on
the Electricity Safety Quality and Continuity Regulations; new
information on offences, penalties, sentencing guidelines, and
relevant case law; a description of the main requirements of BS
7671:2008 and other principal standards, many of which have been
amended in recent years; new cases studies to illustrate the
hazards and risks; information on changes to GB's health and safety
system.
As usage of the NEC family of contracts continues to grow
worldwide, so does the importance of understanding its clauses and
nuances to everyone working in the built environment. Understanding
the NEC4 ECC Contract uses plain English to lead the reader through
the NEC4 Engineering and Construction Contract's key features.
Chapters cover: The Contractor's main responsibilities the use of
early warnings Contractor's design Tendering Quality management
Payment Liabilities and insurance Termination Avoiding and
resolving disputes and much more. Common problems experienced when
using the Engineering and Construction Contract are signaled to the
reader throughout, and the correct way of reading each clause
explained. The way the contract effects procurement processes,
dispute resolution, project management, and risk management are all
addressed in order to direct the user to best practice. Written for
construction professionals, by a practicing international
construction contract consultant, this handbook is the most
straightforward, balanced and practical guide to the NEC4 ECC
available. An ideal companion for employers, contractors, project
managers, supervisors, engineers, architects, quantity surveyors,
subcontractors, and anyone else interested in working successfully
with the NEC4 ECC.
Die Arbeit untersucht die Einwirkung der Rechtsprechung des EuGH
auf das Verfahrensrecht, das die mitgliedstaatlichen Gerichte bei
der Anwendung des Gemeinschaftsrechts zu beachten haben. Sie sieht
die Rechtsprechung auf ein ebenenubergreifendes System des
Rechtsschutzes gegen Gemeinschafts- und mitgliedstaatliche
Rechtsakte ausgerichtet. Dies wird anhand der tatsachlich
festzustellenden Einwirkung der Rechtsprechung auf die
Systembereiche Rechtswegeroffnung, vorlaufiger Rechtsschutz,
Hauptsache sowie allgemeines Verfahrens- und Organisationsrecht
belegt. Dabei zeigt sich, dass der Einwirkung bundische,
demokratische und Leitprinzipien einer ebenenververklammernden
Verfassung des Gemeinschaftsrechtsraums zugrunde liegen
English contract law provides the invisible framework that
underpins and enables much contracting activity in society, yet the
role of the law in policing many of our contracts now approaches
vanishing point. The methods by which contracts come into
existence, and notionally create binding obligations, have
transformed over the past forty years. Consumers now enter into
contracts through remote and automated processes on standard terms
over which they have little control. This book explores the
substantive weakening of the institution of contract law in a
society heavily dependent on contracts. It considers significant
areas of contracting activity that affect many people, but that
escape serious and sustained legal scrutiny. An accessibly written
and succinct account of contract law's past, present and future, it
assesses the implications of a diminished contract law, and the
possibilities, if any, for its revival.
Over the last 30 years, risks and costs associated with legal
conflicts, compliance breaches, litigation, regulatory
investigations, criminal prosecution, trials, and arbitration have
increased exponentially in frequency and financial harm. Peter
Kurer, former business lawyer, GC and chairman of UBS, and board
member from various industries, presents his unique insight into
the challenges of managing legal risk in a climate of
globalization, corporate governance, and shifting political
agendas. Legal & Compliance Risk: A Strategic Response to a
Rising Threat for Global Business offers an overview of the global
ascent of legal risk and outlines the ways in which companies have
reacted to it. It presents the key processes that can be used to
combat legal and compliance risk, including setting the proper
strategy and risk governance on board level, organizing internal
operations, allocation of work to internal and external legal and
risk experts, developing effective internal reporting systems,
using cutting-edge technology, and managing ethical conduct of
employees as well as integrating these different processes within a
business to build an effective business model for combating legal
risk. Offering analytics, management tools, real-life examples, and
practical advice in a user-friendly format, this is an accessible
guide to managing legal risk for board members, senior managers,
and professionals dealing with legal risk in and for global
companies.
The behavior of managers-such as the rewards they obtain for poor
performance, the role of boards of directors in monitoring
managers, and the regulatory framework covering the corporate
governance mechanisms that are put in place to ensure managers'
accountability to shareholder and other stakeholders-has been the
subject of extensive media and policy scrutiny in light of the
financial crisis of the early 2000s. However, corporate governance
covers a much broader set of issues, which requires detailed
assessment as a central issue of concern to business and society.
Critiques of traditional governance research based on agency theory
have noted its "under-contextualized" nature and its inability to
compare accurately and explain the diversity of corporate
governance arrangements across different institutional contexts.
The Oxford Handbook of Corporate Governance aims at closing these
theoretical and empirical gaps. It considers corporate governance
issues at multiple levels of analysis-the individual manager,
firms, institutions, industries, and nations-and presents
international evidence to reflect the wide variety of perspectives.
In analyzing the effects of corporate governance on performance, a
variety of indicators are considered, such as accounting profit,
economic profit, productivity growth, market share, proxies for
environmental and social performance, such as diversity and other
aspects of corporate social responsibility, and of course, share
price effects. In addition to providing a high level review and
analysis of the existing literature, each chapter develops an
agenda for further research on a specific aspect of corporate
governance.
This Handbook constitutes the definitive source of academic
research on corporate governance, synthesizing studies from
economics, strategy, international business, organizational
behavior, entrepreneurship, business ethics, accounting, finance,
and law.
This volume offers practical commentary on the modernization of
service descriptions in the new HOAI German fee scales for
architects and engineers]. The commentary aims to educate readers
on legal principals resting at the intersection of contract law and
price law. It also provides practical assistance for drafting and
executing architectural and engineering contracts.
Fallsammlung zum neuen Schuldrecht. Es wird die gesamte Bandbreite
der im Schuldrecht studienrelevanten Themen in 10 Fallen und
Losungen abgedeckt. Das Werk bietet dem Studierenden zugleich das
Einuben von Gutachten- und Falllosungstechnik."
Komprimierte und zugleich didaktisch aufbereitete Darstellung der
Besteuerung von Kapitalgesellschaften, von Personengesellschaften
sowie von Sonderformen.
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