This book articulates and explores the realities of contemporary international anti-corruption law. As corruption has increasingly become a major topic in international affairs, Liu analyzes the global collaboration against transnational bribery. As China's economic reforms are increasingly articulated in a language of law, governmentality, and anti-corruption, it is essential that scholars, policymakers and legal theorists around the world understand the issues at stake. In this elegant text, Liu lays out the issues clearly, establishes methodologies for analysis, and provides policy proposals for the years to come.

This book offers the first definitive English-language resource on Chinese business law. Written by an authoritative source, the book accurately describes what the business law is and explains legislative intentions underlying the myriad of law, rules, and regulations. Moreover, it provides the most up-to-date information on law, rules, and regulations and contains accurate predictions of the future legislative trend. It is written for readers across the spectrum of both common law and civil law systems. The author's experience as expert counsel to Chinese central governmental legislative functions including the State Council Legislative Affairs Office and the expert editor and translator in chief of the national administrative regulations in business and finance, extensive experience of international legal practice and arbitration, and teaching and research experience in international business law and Chinese law will make this book of interest to lawyers, business people, and scholars.

This is one of the first books that comprehensively explains fundamental theories of natural resource and infrastructure public private partnership (NRI-PPP) projects and project finance. NRI-PPP projects and project finance have been adopted in natural resource development, including oilfield development, mine development, and liquefied natural gas production; manufacturing, such as petrochemistry, which uses crude oil; and infrastructure-related projects such as railways, roads, airports, ports, water supply, waste treatment, communications, and electricity. An important concern during negotiations among the various stakeholders is the lack of congruence between theories underlying NRI-PPP projects and project finance and the particular, real-life business considerations of the subject project and lack of understanding of the key theories. Studies that help us understand NRI-PPP projects and project finance have been developed based on economic theories such as contract theory and the economics of law by several distinguished professors. Until now, however, in financial institutions staff in departments that specialize in project finance have developed an understanding of the theories underlying NRI-PPP projects and project finance primarily through on-the-job training during which business points of view were passed on. Principles and theories regarding NRI-PPP projects and project finance have not been taught through textbooks in these firms. In fact, there are only a few books that explain the fundamental theories for actual project structures or actual project finance. This book attempts to fill that gap by making clear the fundamental theories that exist behind the actual projects and project finance in relation to natural resources and infrastructure. Readers of this book will include not only professionals in various private sectors and banks but also those involved in PPP projects in the public sector.

This book explores the legal and regulatory aspects of the complex air cargo sector, discussing in detail the general principles of the carriage of air cargo; artificial intelligence and air cargo; facilitation; carriage of hazardous goods; human remains; and animals, as well as cargo security; price fixing and anti competitive conduct in air cargo operations; liability issues; the air cargo supply chain and contract of carriage. It also discusses related achievements of the International Civil Aviation Organization; the International Air Transport Association and Airports Council International. The value of goods carried by airlines represents 7.4% of the global Gross Domestic Product. While cargo carried by air accounts for less than 1% of global cargo carriage, airlines carry 35% of the value of world trade, making this industry highly valuable and efficient, and the most reliable way to transport goods throughout the world. On average, airlines transport 52 million metric tons of goods per annum, worth an equivalent of $6.8 trillion, i.e. $18.6 billion worth of goods daily.

This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances.

Focusing on global value chains and their importance to trade, this edited collection explores the strategic role of logistics and supply chain infrastructure in the development of Africa. Skilled authors present critical analysis of the current state of logistics in Africa, and suggest improvements to policy and practice which address the issue of poor trading relationships. This book will engage entrepreneurs, academics and policy-makers interested in international business, raising awareness of the need for better trade infrastructure in Africa in order to ensure the continent's economic development.

This book brings together disparate views which attempt to locate India in the contemporary international legal order. The essays endeavour to explore critically India's role and attitude towards international law in various fields and its influence and contribution in the development of the latter. The contributions are also of historical value, as they analyse the present as part of a historical trajectory. Drawing upon the current and historical practices from their respective fields, the authors attempt to highlight some critical aspects involving India and international law. These aspects broadly underline India's drift from its traditional role as an ally and proponent of the third world towards the pragmatism of self-interest, behaviour that is often compelled by internal political and economic conditions, as well as the dictates of external forces.

This book examines how property rights are linked to socio-economic progress and development. It also provides a theoretical analysis, an economic/social analysis of planning, case studies of the implementation of planning and regulation instruments, practices related to law and planning, analysis of case laws in a particular segment. The interconnection between property, law and planning is a running theme throughout the book. The land question has been central to South Asian development on two counts: First, although the majority of the population relies on agriculture and allied activities their livelihood, landholding is highly skewed; second, urban planning is facing unprecedented challenges due to bourgeoning property values as well as gush of migrants to cities seeking livelihood. The response to these challenges in the form of laws and policies has been very large compared to the academic attention that is received. However, the measures emerging from planning and policies have had limited impact on the extent of the problems. This paradox calls for serious introspection and academic engagement that this book undertakes. The book further deals with the emerging discipline of planning law, which determines property value and use, and argues that regulatory issues of public policy determine the property valuation and property pricing.

Economic development increasingly depends to a large extent on innovation. Innovation is generally covered by intellectual property (IP) rights and usually requires extensive funding. This book focuses on IP and debt financing as a tool to meet this demand. This book clarifies the situation of the use of IP as collateral in practice through a survey conducted in Japan on IP and debt financing. Various obstacles in the proper use IP and debt financing are identified, and some projects to facilitate its use are illustrated. IP and debt on a global scale, either by attracting foreign lenders or by collateralizing foreign IP rights, needs appropriate private international laws. This book analyzes such regulations in which the United Nations Commission on International Trade Law (UNCITRAL) has worked, paying due attention to the law of finance and insolvency law, as well as IP laws. However, further analysis is needed to identify under what conditions such solutions would show optimal effects. This book offers comprehensive analysis from an economic point of view.

Der europaische Gesetzgeber fuhrte im Jahr 2013 eine zivilrechtliche Haftungsvorschrift ein, die Anlegern und Emittenten die Geltendmachung von Schadensersatz gegen Ratingagenturen wegen fehlerhafter Bewertungen fortan erleichtern sollte. Gegenstand dieses Buches ist die Untersuchung des Art. 35a Rating-VO (EU) Nr. 462/2013 mit dem Ziel, Rechtsanwendern einen praxistauglichen Leitfaden an die Hand zu geben. Tatbestandsvoraussetzungen und Rechtsfolgen der Vorschrift werden unionsautonom ausgelegt sowie bestehende Bezuge zum Internationalen Privatrecht und Internationalen Verfahrensrechts aufgezeigt. Abschliessend weist der Autor auf bestehende Schwachen der Haftungsvorschrift hin und unterbreitet konkrete Nachbesserungsvorschlage.

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.

Dieses Buch beleuchtet das Nebeneinander von Kartell- und Kapitalmarktrecht am Kapitalmarkt auf Verbots- und Sanktionsebene mit einem Fokus auf den Boersenhandel. Der Autor stellt die Anwendbarkeit des Kartellrechts abstrakt sowie an Beispielen dar. Er geht wesentlich auf die kartellrechtliche Marktabgrenzung und Einflusse der Kapitalmarktorganisation und -struktur ein. Zum Verhaltnis der Rechtsgebiete erarbeitet der Autor abstrakt und am Beispiel der Kursstabilisation, dass trotz UEberschneidungspunkten die parallele Anwendung der Rechtsmaterien geboten ist und primar Verbote vorgehen. Parallele Bussgelder misst der Autor an "ne bis in idem". Abschliessend entwickelt er einen Leitfaden fur die Prufung der kartellrechtlichen Verbote am Kapitalmarkt.

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.

An easy-to-use illustrated guide to building codes for residential structures

As the construction industry moves to a single set of international building codes, architects and construction professionals need an interpretive guide to understand how the building code affects the early design of specific projects. This newest addition to Wiley's series of focused guides familiarizes code users with the 2009 International Residential Code(R) (IRC) as it applies to residential buildings. The book provides architects, engineers, and other related building professionals with an understanding of how the International Residential Code was developed, and how it is likely to be interpreted when applied to the design and construction of residential buildings.- User-friendly visual format that makes finding the information you need quick and easy- The book's organization follows the 2009 International Residential Code itself - Nearly 900 illustrations, by architectural illustrator Steven Juroszek in the style of noted illustrator and author Frank Ching, visualize and explain the codes- Text written by experienced experts who have been instrumental in gaining acceptance for the new unified building code

This book is an essential companion to the IRC for both emerging practitioners and experienced practitioners needing to understand the new IRC.

Business organizations have recently been encouraged by investors, regulators, and communities to define their purposes, values, and fiduciary duties of creating shared value for all stakeholders. Public companies have traditionally operated under the corporate model of "shareholder primacy" with the primary purpose of generating returns for shareholders and thus corporate activities are managed toward creating shareholder value. The stakeholder primacy system encourages directors and executives to focus on managing corporate activities toward creating shared value for all stakeholders. The role of the board of directors under stakeholder primacy/capitalism as opposed to shareholder primacy/capitalism is to oversee the managerial function of focusing on the long-term sustainability performance, effectively communicating sustainability performance information to all stakeholders. A shift away from the shareholder primacy model and toward the stakeholder primacy model has been gaining momentum worldwide in recent years as investors demand, regulators require, and companies define the "profit-with-purpose" mission in creating shares value for all stakeholders. This book offers guidance to organizations for considering both shareholder primacy and stakeholder primacy in defining their mission of "profit-with-purpose" and in creating shared value for all stakeholders. It also highlights how people, business and resources collaborate in a business sustainability and the stakeholder primacy model in creating shared value for all stakeholders. Anyone who is involved with business sustainability and corporate governance, the financial reporting process, investment decisions, legal and financial advising, audit functions, and corporate governance education including directors, executives, investors, and auditor will be interested in this book.

Gutachten zu Fragen des Zivilrechts und des Offentlichen Rechts haben in der Praxis der forensischen Psychiatrie eine erhebliche Bedeutung. Sie erfordern einerseits Spezialwissen zu dem jeweiligen Fall" und andererseits die enge Zusammenarbeit von Psychiatern und Juristen. Das Buch behandelt Fragen des Zivilrechts und des Offentlichen Rechts deshalb sowohl aus juristischer wie psychiatrischer Perspektive. Erortert wird auch die Stellung des psychiatrischen Sachverstandigen im Zivilprozess und im Verfahren der freiwilligen Gerichtsbarkeit."

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.

Why stock-market short-termism is not causing severe damage to the American economy According to many political leaders, pundits, and corporate lawmakers, stock-market-driven short-termism - when corporations prioritize immediate results in the next quarter over their longer-term interests - is harming the American economy. This view, popular in influential circles, sees short-termism as causing sharply declining research and development (R&D), too many stock buybacks, and severe environmental harm. But the data fits badly with this black-and-white representation of short-termism. Mark J. Roe analyzes the best data on R&D, corporate borrowings and buybacks, and long-term investment trends to show that stock market short-termism is not at the root of these economic problems. The book shows that blaming short-termism overlooks the real causes of declining investment, R&D changes, and environmental deterioration. By pointing to other sources of tension like accelerating technological change, rising political uncertainty, and repeated economic disruptions, Missing the Target argues for a more nuanced understanding of the challenges to the American economy. Roe disproves many of the core claims against short termism. R&D spending, for example, is rising faster than the economy is growing. Its government R&D support that's been falling. Reversing that decline is the best first target for bettering American R&D. Missing the Target deepens the discussion of the American economy by analyzing the factors that contribute to current trends and by making a bold but straightforward claim: stock market short-termism is not the problem.