Framework agreements have arisen in response to the well documented and high costs of public procurement procedures. The agreements have significant potential to improve procedural efficiency in public procurement, but are complex to operate. Inadequate preparation and implementation can also frustrate their potential both to tackle waste, abuse and corruption and to enhance value for money. In this enlightening book, Gian Luigi Albano and Caroline Nicholas look at the key decisions required for designing and using framework agreements, and address both legal and economic issues to give the reader a clear understanding of the planning, variables and flexibility needed for efficient implementation. This book will be of interest to policy makers, lawyers and public procurement practitioners who want to deepen their understanding of the legal and economic issues surrounding framework agreements.

This book examines the effectiveness of the modernisation of EU public procurement law in light of the overarching treaty goals on sustainability. Contributors expertly cover core issues of public procurement, including life cycle costing (LCC), eco- and fairtrade labels, the link to the subject matter (LtSM) requirement, the mandatory horizontal rule on environmental and social legal compliance, and framework agreements. Also explored are the balancing of economic and non-economic objectives implied in sustainable public procurement. The volume moves on to identify major unresolved issues in the use of sustainability considerations, and highlights challenges and possibilities for the national implementation due to take place in 2016. The book contributes to the dismantling of the compartmentalisation that underpins unsustainable policy decisions by discussing the interface of company law and public procurement law and the implication of the new rules on sustainable public procurement for sustainable companies, and specifically for small- and medium-sized enterprises (SMEs).

The lack of gender parity in the governance of business corporations has ignited a heated global debate, leading policymakers to wrestle with difficult questions that lie at the intersection of market activity and social identity politics. Drawing on semi-structured interviews with corporate board directors in Norway and documentary content analysis of corporate securities filings in the United States, Challenging Boardroom Homogeneity empirically investigates two distinct regulatory models designed to address diversity in the boardroom: quotas and disclosure. The author's study of the Norwegian quota model demonstrates the important role diversity can play in enhancing the quality of corporate governance, while also revealing the challenges diversity mandates pose. His analysis of the US regime shows how a disclosure model has led corporations to establish a vocabulary of 'diversity'. At the same time, the analysis highlights the downsides of affording firms too much discretion in defining that concept. This book deepens ongoing policy conversations and offers new insights into the role law can play in reshaping the gendered dynamics of corporate governance cultures.

Since publication of the first edition in 1976, The Building Regulations: Explained and Illustrated has provided a detailed, authoritative, highly illustrated and accessible guide to the regulations that must be adhered to when constructing, altering or extending a building in England and Wales. This latest edition has been fully revised throughout. Much of the content has been completely rewritten to cover the substantial changes to the Regulations since publication of the 13th edition, to ensure it continues to provide the detailed guidance needed by all those concerned with building work, including architects, building control officers, Approved Inspectors, Competent Persons, building surveyors, engineers, contractors and students in the relevant disciplines.

The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.

In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: (1) Politics, in the broader sense of living as a community, and the narrower sense of political power; (2) Charity, how it is defined and changes in its meaning over time; (3) Taxation, including the rationale for government support of the sector through the tax system; (4) Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector.

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 corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.

Public procurement regulation in Africa is not widely researched. To address the shortage of scholarship in this area and to promote future research, this book analyses the law governing public procurement in a number of African systems and looks at key themes relevant to all African states. Part I discusses the regulatory regimes of nine African systems using a common framework, providing both a focused view of these African systems and an accessible comparative perspective. In Part II, key regulatory issues in public procurement that are particularly relevant in the African context are assessed through a comparative approach. The chapters consider the influence of international regulatory regimes (particularly the UNCITRAL Model Law on procurement) on African systems and provide insights into the way public procurement regulation is approached in Africa.

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?

This open access edited book brings together a number of theories under the umbrella of humanistic governance to develop a persuasive alternative perspective on governance, particularly for democratic organisations such as co-operatives. It examines how we can move beyond a profit-first approach to governance, into a framework that prioritises human dignity in all aspects of an operation. This book also discusses key issues for different types of cooperatives and how these might be addressed. And, finally, it addresses how cooperatives can better cope with dynamic change processes. This book will be of interest for academics working in the areas of stakeholder governance, social solidarity economy, ethical management and co-operatives.

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.

Unlike many standard works on compliance, this book focuses not on the goals, but on the means that enable effective compliance. From the internal perspective of the compliance officer, everyday problems are addressed and solved with the help of concrete, tried-and-tested measures. Based on the tension between profit generation and compliance, ethical principles as well as the appearance of compliance, its handling of contacts and its procedure in the event of violations are also discussed. Psychological and sociological insights broaden the perspective, put people at the center and offer new starting points for the design of successful compliance.

The book focuses on the different aspects of business in India required to be taken care of by any businessperson, especially a foreigner, willing to do business in India. India is known for "unity in diversity." The country being a very old civilization, and of continental size with great diversity, often remains a mystery for most of the foreign investors and businesspersons who get very easily attracted to it because of the humongous market and its potential. The book goes deep into the various important aspects of business in India which essentially hold the key to success of a business venture. A good understanding of the political, economic, social, technological, environmental, and legal aspects (the PESTEL framework) of the business environment in the country holds a businessperson in good stead in comparison with others who have little or no idea of the big picture. The book discusses these aspects with pertinent examples to make understanding their interplay easy. Any person unfamiliar with India as a country will get a good idea of different aspects of the country through the PESTEL framework and will be able to understand the true meaning of unity in diversity. Also, it makes it possible for someone well versed with the system of business in India to appreciate the finer aspects. The book is divided into three modules. The first module provides an overview of business in India, scope and potential for growth, opportunities, and some good success stories. The second module goes into the details of the PESTEL framework and discusses each arm at length. The combined study of numerous factors, which has been divided into different heads for better understanding, brings out many stories giving a fantastic learning experience. A closer look at how things are changing and what can be anticipated arguably is the most important part of the book, providing pointers to remain connected with day-to-day happenings. The third module goes into the practical aspects of doing business and deals with investment, establishing and running a business in India. Altogether, the book is a complete package to facilitate ease of business in the country and will be of interest to practitioners, policy makers and researchers working in this field.

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.

As an expansion of the book "Construction Dispute Research" published in 2014, this book presents further contributions and breaks into three new research foci in construction dispute studies. Part A discusses the conceptualization and minimization of biases in construction dispute decisions; Part B examines other impediments against settlement such as inequity, power asymmetry and loss aversion. Part C focuses on realty check of construction dispute negotiation conditions such as market competition, interdependence of contracting parties and dispute avoidance function of construction incentivization. This book showcases new ideas in construction dispute research. It offers research studies that are theory rich and conducted with robust methodologies. The research implications are practical and implementable.

The focus of this 2009 book, the legal situation created when an agent acts without authority, is one of the most important issues in agency law. The analysis is divided into three sections: apparent authority, ratification and the liability of the falsus procurator. Adopting a unique comparative perspective, the contributions are drawn from many different legal systems, providing the opportunity for analysis of the European common law/civil law divide. The analysis extends beyond Europe, however, taking into account the mixed legal system of South Africa, as well as the United States. Finally, there is a useful consideration of the Principles of European Contract Law and the UNIDROIT Principles of International Commercial Contracts 2004. This study will be an invaluable guide for those interested in the study of comparative law, international practitioners and those interested in the harmonisation of European Private Law.

Since the prohibition of the threat or use of force and the resurgence of (economic) nationalism, economic warfare has become an increasingly important substitute for actual hostilities between states. Its manifestations range from medieval sieges to modern day trade wars. Despite its long history, economic warfare remains an elusive term, foreign to international law. This book seeks to identify those portions of international law that are applicable to economic warfare. What is the status quo of regulation? Is there a jus ad bellum oeconomicum? A jus in bello oeconomico? After putting forward its own definition of economic warfare, the book reviews historical case studies - reflecting the three main branches of international economic law: trade, investment and currency - to identify pertinent legal boundaries. While the case studies reveal that numerous rules of international (economic) law regulate (specific measures of) economic warfare, it remains to be seen whether - analogously to the prohibition of the threat or use of force - these selective limitations have the potential to coalesce into a general prohibition of economic warfare in the future.

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.

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.

This book, first published in 1974, presents the findings of a research project and considers their implications for public policy. The project was designed to find out what effect the 1956 Restrictive Trade Practices Act (and the subsequent legislation of 1968) had on British industry. The Act was a decision in favour of competition against a background of well-entrenched and widespread restrictive agreements, and this book examines in depth its impact in eighteen selected industries.

Tax practitioners are unfamiliar with tax theory. Tax economists remain unfamiliar with tax law and tax administration. Most textbooks relate mainly to the US, UK or European experiences. Students in emerging economies remain unfamiliar with their own taxation history. This textbook fills those gaps. It covers the concept of taxes in regards to their rationale, principles, design, and common errors. It addresses distortions in consumer choices and production decisions caused by tax and redressals. The main principles of taxation-efficiency, equity, stabilization, revenue productivity, administrative feasibility, international neutrality-are presented and discussed. The efficiency principle requires the minimisation of distortions in the market caused by tax. Equity in taxation is another principle that is maintained through progressivity in the tax structure. Similarly, other principles have their own ramifications that are also addressed. A country's constitutional specification of tax assignment to different levels of government-central, state, municipal-are elaborated. The UK is more centralised than the US and India. India has amended its constitution to introduce a goods and services tax (GST) covering both central and state governments. Drafting of tax law is crucial for clarity and this aspect is addressed. Furthermore, the author illustrates different types of taxes such as individual income tax, corporate income tax, wealth tax, retail sales/value added/goods and services tax, selective excises, property tax, minimum taxes such as the minimum alternate tax (MAT), cash-flow tax, financial transactions tax, fringe benefits tax, customs duties and export taxes, environment tax and global carbon tax, and user charges. An emerging concern regarding the inadequacy of international taxation of multinational corporations is covered in some detail. Structural aspects of tax administration are given particular attention.

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.