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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
This book analyses different strategies and their results in
implementing financial regulation in terms of rule-making, public
enforcement and private enforcement. The analysis is based on a
comparative study of conduct of business regulation on mis-selling
of financial instruments in the UK and South Korea. It extends into
liquidity regulation in the banking sector and credit rating agency
regulation. The book concludes that in rule-making, purposive rules
are more effective for achieving regulatory goals with minimal
undesirable results, but a rule-making system with purposive rules
can only work on a foundation of trust among rule-makers, enforcers
and the regulates, that with respect to public enforcement, the
enforcement strategies should combine the compliance-oriented and
deterrence-oriented approaches and be continuously adjusted based
on close monitoring of the regulatory outcomes and that in private
enforcement, regulation should be instituted as the minimum
requirement in private law.
This book gathers selected peer-reviewed papers from the 14th World
Congress on Engineering Asset Management (WCEAM), which was held in
Singapore on 28-31 July 2019, as well as papers presented during
the 1st WCEAMOnline event which focused on the ramifications of
Covid-19 on infrastructure systems. This book covers a wide range
of topics in engineering asset management, including: asset
management services provisioning; servitization; decision-making;
asset management systems; industrial Internet of things; and
vulnerability and resilience of infrastructure systems. The breadth
and depth of these state-of-the-art, comprehensive proceedings make
them an excellent resource for asset management practitioners,
researchers and academics, as well as undergraduate and
postgraduate students.
This book examines the relationship between the EU investor
protection regulations enshrined in MiFID and MiFID II and national
contract and torts law. It describes how the effect of the conduct
of business rules as implemented in national financial supervision
legislation in private law extends to the issue of enforcement, and
critically assesses this interaction from the perspective of EU
law. In particular, the conclusions identified in the book will
deepen readers' understanding of the interplay between the conduct
of business rules and private law norms governing a firm's
liability to pay damages, such as duty of care, attributability of
damage, causation, contributory negligence and limitation. In turn,
the book identifies the subordination and the complementarity model
to conceptualise the interaction between the conduct of business
rules and private law norms. Moreover, the book challenges the view
that civil courts are - or should be - forced to give private law
effects to violation of the MiFID and MiFID II conduct of business
rules in line with the subordination model. Instead, the
complementarity model is advanced as the preferred approach to this
interaction in view of what MiFID and MiFID II require from Member
States in terms of their implementation, as well as the
desirability of each model. This model presupposes that courts
should consider the conduct of business rules when adjudicating
individual disputes, while preserving the autonomy of private law
norms governing liability of investment firms towards clients.
Based on analysis of case law of courts in Germany, the Netherlands
and England & Wales, as well as scholarly literature, the book
also compares the available causes of action, the conditions of
liability and the obstacles investors face when claiming damages,
as well as how and the extent to which investors can benefit from
the conduct of business rules in clearing these obstacles. In so
doing, under the approach adopted by national courts to the
interplay between the conduct of business rules of EU origin and
private law, the book shows how investors can benefit from the
influence of these rules on private law norms. In closing, it
demonstrates a hybridisation of private law remedies resulting from
the accommodation of the conduct of business rules into the private
law discourse according to the complementarity model, illustrating
how judicial enforcement through private law means may contribute
to investor protection.
This book provides an extensive analytical examination of the Cape
Town Convention and its Protocols. The Convention aims to
facilitate asset-based financing and leasing of aircraft, railway
and space objects by establishing a uniform legal regime for the
creation and protection of security and related interests in these
types of equipment. The book provides a detailed treatment of
issues arising from the creation of security and other
international interests under the Convention, from the need to
ensure their priority among competing interests to the enforcement
of remedies in the case of the debtor's default or insolvency.
Security interests in aircraft, railway and space objects are among
the most frequently invoked mechanisms used to ensure repayment of
the debt. It is their significance, effectiveness and frequency of
use that explains this work's focus and scope.
Local governments can play an important role in providing public
services and supporting economic development. In Mongolia, the
legal, institutional, and fiscal environment in which local
governments operate, provides several constraints and opportunities
that impact on that role. In this publication, we assess both the
formal features of Mongolia's system of decentralized governance
and the way that system works in practice. We also provide
practical suggestions for improvements to the current system.
This edited volume explores the old and new "collective dimensions"
of employment relations. It examines specific challenges stemming
from new forms of work of the digital and sharing economy, such as
measurement, monitoring, assessment, and remuneration of work, the
protection of work-life balance, the impact of new technologies on
health and safety, the adaptation of occupational skills to new
work processes, and the responses to the digital restructuring of
undertakings. It addresses a series of questions such as how the
representational action of unions and works councils can adapt to
the challenges posed by new production systems and whether the
legislative framework needs to be reformed to ensure that digital
workers enjoy the right to collective representation. This
important collection offers readers a renewed theoretical
perspective and justification of the role that the dialogue between
workers (representatives) and companies could play in an
increasingly complex world of work.
Since a reform in 2010, foreign investors can establish a
Foreign-Invested Limited Partnership Enterprise (FILPE) in China
together with Chinese or foreign investors. The FILPE can be
combined with a domestic or foreign corporate general partner, thus
allowing for a structure that offers the flexibility and taxation
conditions of a partnership while protecting its investors against
personal liability like a company. The book explores from the
perspective of a foreign investor if the FILPE is an attractive
investment vehicle by analysing whether it provides the
characteristics that are internationally recognized as constituting
a standard corporate form. Among these characteristics, the three
that are most strongly interconnected and interdependent form the
core of the analysis: legal personality, limited liability and
transferable ownership interest. These are analyzed in context of
China's restrictive framework of foreign investment regulations and
enterprise organization law.
Taking German public basic research as an example, this book
explores how the ongoing implementation of knowledge and technology
transfer as the Third Mission of academic science creates not only
new incentives for academic patenting, but also triggers new
patenting motives and strategies of researchers and organizations.
Analyzing these motives and strategies, the book highlights how the
complex regulatory interplay of the patent system, research policy
and self-governed academic communities creates a situation in which
new patent functions emerge: beyond their intended function as a
protection for upstream inventions, patents become a signaling
device for scientists to communicate their commitment and
competence in the Third Mission. As an exploratory study, this book
combines qualitative empirical research with concepts and insights
from multiple fields such as economics, law, political sciences and
regulation. In consequence, the book addresses anyone interested in
patenting incentives and motives and their impact on the functional
change and regulatory effectiveness of patents in polycentric
regulatory environments.
Die EU-Verbandsklagerichtlinie wird den kollektiven Rechtsschutz
zur Durchsetzung von Verbraucherrechten in der EU und in
Deutschland im Vergleich zur Musterfeststellungsklage und der
Gewinnabschoepfungsklage auf ein neues Niveau heben. Ob die bis
Ende 2022 von den Mitgliedstaaten in nationales Recht umzusetzende
Richtlinie und ab Juni 2023 anzuwendenden Vorschriften den
kollektiven Verbraucherrechtsschutz, der nunmehr erstmalig EU-weit
auch Abhilfemassnahmen (z.B. Schadensersatz) zum Gegenstand haben
wird, tatsachlich verbessern wird, hangt u.a. von der Art und Weise
der Umsetzung mit Blick auf die adressierten
Kollektivschadensereignissen, aber u.a. auch von den Regeln zur
Finanzierung der klagebefugten Einrichtungen ab. Das vorliegende
Buch bietet einen kompakten UEberblick uber die massgeblichen
Bestimmungen.
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. "
In many economic sectors - the digital industries being first and
foremost - the market power of dominant firms has been steadily
increasing and is rarely challenged by competitors. Existing
competition laws and regulations have been unable to make markets
more contestable. The book argues that a new competition tool is
needed: market investigations. This tool allows authorities to
intervene in markets which do not function as they should, due to
market features such as network effects, scale economies, switching
costs, and behavioural biases. The book explains the role of market
investigations, assesses their use in the few jurisdictions where
they exist, and discusses how they should be designed. In so doing,
it provides an invaluable and timely instrument to both
practitioners and academics.
Through the prisms of a data scientist, a patent attorney, and a
designer, this book demystifies the complexity of patent data and
its structure and reveals their hidden connections by employing
elaborate data analytics and visualizations using a network map.
This book provides a practical guide to introduce and apply patent
network analytics and visualization tools in your business. We
incorporate case studies from renowned companies such as Apple,
Dyson, Adobe, Bose, Samsung and more, to scrutinise how their
underlying values of patent network drive innovation in their
business. Finally, this book advances readers' perspective of
patent gazettes as big data and as a tool for innovation analytics
when coupled with Artificial Intelligence.
In this fully revised and updated edition, Christopher Bovis
provides a detailed, critical, concise and accessible overview of
the public procurement legal framework and its interaction with
policies within the European Union and the Member States. Public
procurement represents an essential part of the Single Market
project, launched by European Institutions in 2011. Its regulation
will insert competition and transparency in the market and be a
safeguard to the attainment of fundamental principles of the
Treaties. This book demonstrates the impact of the relevant
Directives on Member States through the development of the case law
of the European Court of Justice and assesses the judicial review
of public contracts at national level. It positions public
procurement at the centre of the legal and policy debate
surrounding the delivery of public services and the advancement of
competitiveness and industrial policy in the EU. The book
highlights the pivotal role of public procurement for the Europe
2020 Growth Strategy. Demonstrating the concepts and principles of
public procurement, this comprehensive book will have a strong
appeal to academic researchers, lawyers, judges, practitioners, and
policymakers at the European, international and national levels as
well as students of law, policy and management.
Felix Reeh gibt in kompakter Form einen Einstieg in die
Gesetzeslage und Rechtsprechung des BGH zu Mangeln an Bauleistungen
und Architekten- bzw. Ingenieurleistungen. Es werden insbesondere
die Voraussetzungen fur einen Mangel im werkvertragsrechtlichen
Sinne vermittelt und die Bedeutung der allgemein anerkannten Regeln
der Technik, DIN-Normen und Herstellervorschriften besprochen. Die
zutreffende Einordnung von Mangelrugen des Auftraggebers ist
entscheidend, um dem Bauherrn Hilfestellung geben zu koennen, aber
auch Handlungsbedarf und eigene Risiken rechtzeitig zu erkennen.
Family businesses and wealth owners today face a wide range of
challenges, including increasing government interventionism,
business disruption, technology-driven change, international
conflicts and the climate crisis. Added to this is the move to
greater transparency of the midshore and onshore world and the
implementation of the Common Reporting Standard, the increased
scrutiny of wealth owners by governments and the media, and the
pandemic underscoring the need to apply more sustainable business
practices, all of which complicates the processes of creating,
retaining and transitioning wealth. How can the rising next
generation make sense of and adapt to this complex world? Family
Business and Responsible Wealth Ownership: Preparing the Next
Generation aims to develop a shared mindset and better
understanding across and between the generations, focusing in
particular on matters from the perspective of the next generation.
It covers key issues pertaining to the important and often complex
transitions that all families face, as well as themes which are
highly relevant for wealth and business owning families at a time
where there is an increasing focus on responsible capitalism. In
this report, an international group of experts with decades of
practical experience working with wealth-owning families around the
world bring together the perspectives of the lived experience of
business owning families and the advisory world to examine, among
other key topics: *Finding and deploying your purpose; *Effective
mentorship for the next generation; *Resolving intergenerational
conflicts; *Navigating social media; and *Creating the next
generation of entrepreneurs. This title is essential reading for
all generations involved in family businesses and wealth ownership.
The rising next generations are the future of these families and
should be better understood and supported so that family human
capital is not wasted or overlooked. It is also an invaluable guide
for those who advise families from a professional services or
wealth management perspective.
Protecting the Brand, Volume I: Counterfeiting and Grey Markets is
a handbook for law practitioners as well as business executives.It
is a unique perspective of best practices in addressing issues
around counterfeiting and grey markets - from a legal as well as a
business point of view. The authors explore the threats posed by
counterfeiting and grey markets to a variety of industries and
illuminate what problems these may cause. Before setting forth the
range of legal strategies for remedying incidents of counterfeiting
and grey markets, the authors outline preventive measures
businesses can take to combat the threats, and showcase some of the
emerging technologies that can serve as enablers of Brand
Protection's 3 IPR's (3 I's= Intelligence, Investigation,
Innovation; 3 P's= Protection, Perseverance, Perpetuation; 3 R's=
Remedy, Recovery, Rehabilitation).
This book addresses the process and principles of contract
management in construction from an international perspective. It
presents a well-structured, in-depth analysis of construction law
doctrines necessary to understand the fundamentals of contract
management. The book begins with an introduction to contract
management and contract law and formation. It then discusses the
various parties to a contract and their relevant obligations,
whether they are engineers, contractors or subcontractors. It also
addresses standard practices when drafting and revising contracts,
as well as what can be expected in standard contracts general
clauses. Two chapters are dedicated to contract clauses, with one
focused on contract administration such as schedules, payment
certificates and defects liability, and the other focused on
contract management, such as terminations, dispute resolutions and
claims. This book provides a useful reference to engineers, project
managers and students within the field of engineering and
construction management.
Packed with 2013 and 2014 cases, FUNDAMENTALS OF BUSINESS LAW
TODAY: SUMMARIZED CASES, 10e presents the core business law topics
you need to know in a concise paperback. Summarized cases
integrated throughout illustrate key points of law without
overwhelming you with unnecessary detail. Intended for the one-term
course focused primarily on contracts and sales, the text condenses
the latest legal topics--including cyberlaw, health-care, financial
reform, and more--for quick comprehension. The Tenth Edition
devotes an entire chapter to Internet Law, Social Media, and
Privacy, while all-new features like Debate This, Spotlight Cases,
and Spotlight Case Problems provide ample opportunity to apply what
you learn to real-world business issues. Current, abbreviated, and
affordable, FUNDAMENTALS OF BUSINESS LAW TODAY: SUMMARIZED CASES,
10e provides an easy-to-understand alternative to traditional
Business Law texts.
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