In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.

Electrician's Guide to the Building Regulations includes the latest guidance on third-party certification schemes and covers relevant parts of the Building Regulations, including Fire Safety, Ventilation and Conservation of Energy. This guide has been fully updated to BS 7671:2018+A2:2022. BS 7671:2018+A2:2022 incorporates changes from the first amendment, published in 2020, regarding Electric Vehicle Charging Installations to provide greater guidance on embracing changing technology within this sector. Additional changes within the second amendment include protection against thermal effects and fire caused by electrical equipment, protection against voltage disturbances and electromagnetic disturbances, and a new chapter on prosumer's low-voltage electrical installations covering energy efficiency measures, the interface with the smart grid, the management of electricity consumption, the management of renewable sources of electricity, and energy storage.

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."

This book explores Public Procurement novelties and challenges in an interdisciplinary way. The process whereby the public sector awards contracts to companies for the supply of works, goods or services is a powerful instrument to ensure the achievement of new public goals as well as an efficient use of public funds. This book brings together the papers that have been presented during the "First Symposium on Public Procurement", a conference held in Rome last summer and to be repeated again yearly. As Public Procurement touches on many fields (law, economics, political science, engineering) the editors have used an interdisciplinary approach to discuss four main topics of interest which represent the four different parts in which this book is divided: Competitive dialogue and contractual design fostering innovation and need analysis, Separation of selection and award criteria, including exclusion of reputation indicators like references to experience, performance and CV's from award criteria, Retendering a contract for breach of procurement rules or changes to contract (contract execution), Set-asides for small and medium firms, as in the USA system with the Small Business Act that reserves shares of tenders to SMEs only.

Public procurement represents more than 15 per cent of European GDP and is one of the fastest growing sectors of the European economy. Public procurement law is also developing rapidly, not least in the area of remedies for breach of procurement rules. The aim of this book is to analyse the remedy of damages in public procurement law. The European Directive of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC has reaffirmed the importance of damages as a tool to enforce the proper award of public contracts, but has left the exact architecture of the damages remedy in the hands of the Member States. This book offers an overview of damages liability which is inclusive, coherent and practical, covering the relevant law and jurisprudence from a number of countries across Europe and further afield. The contributors are high-profile and authoritative commentators on public procurement law, including policy-makers, judges, academics and practitioners.

The book explores how the influence by the corporate sector in the economic interactions globally leads to the international governance framework pertaining to CSR, that is primarily based on soft law attributes. Such international soft law regime uniquely influences the way the legal regime around CSR has shaped up in India. Through innovative methodology, the analysis of regulatory space and instruments and the structural framework construe the relationship between state and corporate sectors. It is necessary to investigate the two-fold relationship of state and corporate actors. The book takes up a regulatory, institutional and socio-political investigations through studying the case of CSR in India in the backdrop of the transformations taking place in national arena, its international inspirations and resulting regulatory model that evolve. How the existing regulatory space is affected? What are the implications on the regulatory instruments? The pursuit of the answers would also involve investigation of questions as to how the state-corporate relationship constructed, construed and conducted post state's ratification of CSR. What are the reasons of such changes? What implications do the role of politics and corporate strategies have on the renewed interest in CSR? The book deals with these aforementioned aspects. This scholarly work synthesizes political, economic and legal aspects of the role of the state and corporate sector with narrowly defined focus of CSR which has the ability to provide a comprehensive broad-brushed account of the larger framework.

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.

This guide is written to show users how to complete the simple communication forms provided for the NEC3 Professional Services Contract (PSC). Clarity of communications, in a form that can be read, copied and recorded, should assist compliance with the contract and reduce misunderstandings and disputes.

This book examines the interplay between cooperation on technical barriers to trade (TBT) in free trade agreements and the multilateral framework of the World Trade Organization. In recent years, TBT, especially differences in standards, have attracted increased interest and have been addressed as part of the WTO+ negotiated agenda in trade agreements. Because of a number of political and legal constraints, the process of further cooperation at the WTO have been stalled, which made free trade agreements a central pillar in setting the agenda of international trade governance. This leads us to rethinking the interrelation between the WTO and free trade agreements and to questioning the role of both fora in the future of trade. The book examines some TBT provisions in free trade agreements and highlights their positive and problematic aspects when it comes to the WTO-consistency and the ideas of open and inclusive trade. It also suggests that a more optimal way forward would be to increase parallel work on TBT cooperation at the WTO, a more inclusive forum that could address issues of global significance, such as environmental protection and regulation of digital goods. The book explores the potential for trade agreements to advance the WTO agenda, but notes that the organization would need to adapt its institutional structure and governance in order to do so. Drawing on the example of the EU and US so-called “new generation� trade agreements, the book provides a detailed analysis of the various methods used to navigate TBT cooperation, and offers insight into how these agreements can serve as inspiration for future multilateral disciplines. This book is a valuable resource for trade law academics, policymakers, and anyone interested in the intersection of technical barriers to trade, regional trade agreements, and the WTO.

A brand is more than a snazzy logo - but what else is there to consider when building a brand? Do you really need a brand for business success? And what has intellectual property got to do with anything? A strong, authentic brand is what makes your business stand out from the crowd - and what drives long term success. But the branding industry can be an overwhelming minefield, full of conflicting advice and multiple disciplines - so how do you navigate your way through the process? That's where Brand Tuned comes in. With the step-by-step TUNED methodology, you will: * define your brand to drive the business forward and help it stand out * know what brand promise will attract your ideal client * pick a name that will put you "front of mind" * ensure that the design elements you choose are distinctive and 'ownable' * train your team to live the brand. Drawing from evidence-based research, interviews with experts, and years of experience supporting businesses, Brand Tuned is the first branding guide written by an intellectual property lawyer who specialises in trademarks and brands. By incorporating the principles of intellectual property law right from the start of the process, branding expert Shireen Smith will show you how to create and build the brand that is right for you and your business - while avoiding the potential pitfalls. Shireen Smith is an intellectual property lawyer specialising in trademarks and brands, with years of experience in marketing small businesses. Her TUNED framework is designed to guide you to create a brand that attracts sales for the long term.

Liquidated damages and extensions of time are complex subjects, frequently forming the basis of contract claims made under the standard building and civil engineering contracts. Previous editions of Liquidated Damages and Extensions of Time are highly regarded as a guide for both construction industry professionals and lawyers to this complex area.
The law on time and damages continues to develop with an increasing flow of judgments from the courts. Alongside this, the standard forms of contract have also developed over time to reflect prevailing approaches to contractual relationships. Against this background a third edition will be welcomed by construction professionals and lawyers alike. Retaining the overall approach of the previous editions, the author clarifies, in a highly readable but legally rigorous way, the many misunderstandings on time and damages which abound in the construction industry. The third edition takes account of a large volume of new case law since the previous edition was published over ten years ago, includes a new chapter on delay analysis and features significantly expanded chapters on penalty clauses, the effects of conditions precedent and time-bars, and the complexities of causation.

The United States Supreme Court was created in 1787 by the drafters of the Constitution almost as an afterthought, and it did very little in its early years. It soon turned out, however, that the Founders had wrought far, far greater than they knew. They had created a tribunal of Philosopher Kings. Surprisingly non-rigorous processes selected The Justices who inhabit these pages, and many have been barely suitable, or outright unsuitable for the job. For every creative, elemental force like Justice John Marshall there were many who did not belong on the Court, such as Justice Charles Whitaker who wept because he couldn't make up his mind about the cases he was called upon to decide. Most were, of course, competent enough to do their jobs more or less acceptably. And that has been the hallmark of our government institutions-do things well enough for respectable survival, perform brilliantly if possible when history demands, and correct your disasters with the benefit of hindsight when God gives you the opportunity.

If the stories in this book seem familiar, there is a reason. The Supreme Court is an intensely human institution, and we all know what that is about.

This guide is written to help users to produce Scope for the NEC3 Professional Services Contract (PSC) and is produced in Association with Mott McDonald. Good quality Scope is vital to achieving better outcomes for professional services contracts, and reducing misunderstandings and disputes. Scope should be prepared with individual service requirements and the operation of the PSC in mind.

This book is a primer on economics of competition law by a Commissioner based on cases of the Competition Commission of India (CCI). It presents economic theories in lucid ways while providing an in depth economic analysis of the cases dealt by CCI and in the process, it blends the diversity of responses by including the orders upheld by majority and minority. In essence. It is a unique work that addresses the gap between competition law and economics.

This book discusses the intensification of international transport services as the consequence of an increasingly capillary economic integration. In particular, in some European countries, such as Belgium, the Rhine area of Germany, and Denmark, the application of the Geneva Convention on the carriage of goods from the case law point of view is even more thorough than that of national law. Even though this is not the case for all countries, the Geneva Convention is a core text both for the scientific debates on the issue and for commercial operators. Therefore, proposing an up-to-date reading of the Convention is of utmost importance from the practical point of view, especially considering that, thanks to the consistent application of the International Carriage of Goods by Road contract, the Convention has become an essential prerequisite for the development of traffic. In ten chapters, this book reviews the Convention's structure and considers the case-law approaches and trends of most countries belonging to the European Union. It covers contracts and different negotiating models as well as compensation, liability of the carrier, and damages.

For upper-level undergraduate and MBA students enrolled in an international business law course. August emphasizes the diversity and similarity of how firms are currently regulated and governed around the world.

Innovating Construction Law: Towards the Digital Age takes a speculative look at current and emerging technologies and examines how legal practice in the construction industry can best engage with the landscape they represent. The book builds the case for a legal approach based on transparency, traceability and collaboration in order to seize the opportunities presented by technologies such as smart contracts, blockchain, artificial intelligence, big data and building information modelling. The benefits these initiatives bring to the construction sector have the potential to provide economic, societal and environmental benefits as well as reducing the incidence of disputes. The author uses a mixture of black letter law and socio-legal commentary to facilitate the discourse around procurement, law and technology. The sections of the book cover the AS IS position, the TO BE future position as predicted and the STEPS INBETWEEN, which can enable a real change in the industry. The rationale for this approach lies in ensuring that the developments are congruent with the existing frameworks provided by the law. The book proposes various steps that the industry should seriously consider taking from the current position to shape the future of the sector and ultimately create a better, more productive and sustainable construction industry. This book is a readable and engaging guide for students and practitioners looking to learn more about construction law and its relationship with technology and for those seeking a platform for graduate studies in this area.

This book gathers selected peer-reviewed papers from the 15th World Congress on Engineering Asset Management (WCEAM), which was hosted by The Federal University of Mato Grosso do Sul Campo Grande, Brazil, from 15--18 August 2021 This book covers a wide range of topics in engineering asset management, including: strategy and standards; sustainability and resiliency; servitisation and Industry 4.0 business models; asset information systems; and asset management decision-making. 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.

Over the past two decades public accountability has become not only an icon in political, managerial, and administrative discourse but also the object of much scholarly analysis across a broad range of social and administrative sciences. This handbook provides a state of the art overview of recent scholarship on public accountability. It collects, consolidates, and integrates an upsurge of inquiry currently scattered across many disciplines and subdisciplines. It provides a one-stop-shop on the subject, not only for academics who study accountability, but also for practitioners who are designing, adjusting, or struggling with mechanisms for accountable governance. Drawing on the best scholars in the field from around the world, The Oxford Handbook of Public Accountability showcases conceptual and normative as well as the empirical approaches in public accountability studies. In addition to giving an overview of scholarly research in a variety of disciplines, it takes stock of a wide range of accountability mechanisms and practices across the public, private and non-profit sectors, making this volume a must-have for both practitioners and scholars, both established and new to the field.

This book investigates the regulation and promotion of financial inclusion and provides a comparative analysis of the regulation, promotion and enforcement of the relevant laws in the SADC (in particular, South Africa, Namibia, Botswana and Zimbabwe), as well as the challenges of financial inclusion. In turn, it evaluates financial inclusion in the context of specific challenges faced by unbanked and underbanked customers, who are easy targets for cyber criminals because they tend to have lower levels of digital literacy. The book presents novel discussions that identify the challenges and flaws associated with the enforcement of financial inclusion laws and related measures intended to promote financial inclusion in the SADC region. This is primarily done in order to reveal the current strengths and weaknesses of financial inclusion laws in relation to certain aspects of the companies, securities and financial markets in the region. For example, there is no common financial inclusion instrument/law that is effectively and uniformly applied throughout the SADC. This has impeded the enforcement authorities' efforts to effectively combat financial exclusion across the region.The book is likely the most comprehensive study to date on the regulation and promotion of financial inclusion in the SADC region and fills a major gap in SADC and African legal jurisprudence. As such, it offers a valuable asset for policymakers, attorneys, bankers, securities (share) holders, and other market participants who deal with financial inclusion, as well as undergraduate and graduate students interested in the topic.

As digital technologies develop, companies envision new ways to incorporate ever more disparate elements in their products, such as the combination of computing power and telecommunications in modern smart phones. Interdisciplinary Perspectives on Business Convergence, Computing, and Legality investigates the development of convergent and interoperable systems in business environments, with a particular focus on potential legal implications that emerge when a company begins branching out into domains traditionally occupied by suppliers and consumers. Business and law professionals both in academia and in practice will use this book to gain a greater understanding of the growth of convergence in the field of information technologies and how such transformations affect business practices around the world.

This book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains. Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities. The book argues that a global value chain's head corporations remain immune to any liability because of the 'economically dependent-legally independent' relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that 'we' as a society need to reduce the economic dependence as described above - which is far too excessive - by ensuring a level playing field both economically and socially. More concretely, she argues that in order to realise transnational corporate liability, 'we' as lawyers need to find a way (or ways) to establish legally effective relationships between head corporations and their economically dependent entities. Readers of this book will be able to export the concept of corporate social liability, developed in the context of value chains, and apply it to other contexts involving corporate activities where they need to tackle unrestrained corporate freedom and make global businesses responsible and socially useful.

The Professional Services Short Contract, produced in partnership with the Association for Project Management is intended for use in the appointment of a supplier to provide professional services on smaller scale projects where sophisticated management techniques are not required. It can be used for appointing project managers, supervisors, designers, consultants or other suppliers under NEC contracts and can also be used for appointing supliers on non-NEC construction projects or for non-construction projects. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. The PSSC is produced in partnership with the Association for Project Management

These guide notes explain the structure of the Professional Services Short Contract and the reasons for its provisions. They explain the "shell" of the contact and the need to provide important additional information such as the scope. The main options, dispute resolution options and the secondary options are all explained together with basis of appointing a consultant. Explanatory notes are then provided. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

This book explores the regulation of emerging technologies. Developments such as bitcoin (based on blockchain technology), artificial intelligence, quantum computing, and other technical advances have the potential to revolutionize many aspects of everyday life. As with other significant occurrences, especially when coupled by financial rewards, there are the inevitable attempts to reap gains unlawfully. This book examines the legal and regulatory enactments that attempt to undermine the risks to society as well as the dangers to individual freedoms that the technologies present when abused by governmental and non-governmental authorities. Included are discussions of the dangers to the right of privacy posed by facial recognition, physical location tracking, automated license plate recognition (ALPR) and other evolving applications of technology. This book is an invaluable resource for those interested in the regulation of emerging technologies particularly as they relate to blockchain, artificial intelligence, and the most current advances in quantum computing. Emphasis is focused on invasion of privacy, particularly by government authorities, antitrust implications of private companies and the efforts of international entities to counter alleged abuses by them.