This incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples? heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.

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.

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.

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 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.

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 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.

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.

This book examines the law and its development trends in the area of corporate social responsibility (CSR) in Vietnam. It is an important reference in implementing the requirements of CPTPP and EVFTA in Vietnam, and it is also very important in improving the legal framework in Vietnam to comply with international standards, especially in the areas of labor, environment and consumer protection, and in raising awareness of CSR among Vietnamese companies. Many articles in this book analyze and assess the legal status of CSR, thus providing a number of constructive suggestions for improving the relevant laws in Vietnam. Corporate social responsibility is not only the contribution of corporate philanthropy to society, but also the compliance of companies with international standards and national laws in the fields of labor, environment, investment, labor security, social security, etc.  Against the backdrop of Vietnam's growing international integration, the requirement of corporate social responsibility has been, and continues to be, paramount in business activities. It is not only a need at the enterprise level, but is also related to the internationalization of international standards and the improvement of national laws on CSR.

This book gathers selected peer-reviewed papers from the 16th World Congress on Engineering Asset Management (WCEAM), held in Seville from 5-7 October 2022. This book covers a wide range of topics in Engineering Asset Management, including: Asset management and decision support system Industry 4.0 tools and its impact on asset management Monitoring, diagnostics and prognostics for smart maintenance Asset life cycle management Asset management in the industrial sector Human dimensions and asset management performance Infrastructure Asset management Asset condition, risk, resilience, and vulnerability assessments Asset operations and maintenance strategies Reliability and resilience engineering Applications of international and local guidelines and standards The breadth and depth of this state-of-the-art, comprehensive proceedings make it an excellent resource for asset management practitioners, researchers and academics, as well as undergraduate and postgraduate students.

This assembly of writings by scholars, lawyers, and judges on the law and policy of trademarks and unfair competition presents a rich offering that ranges across time, place, and perspective. The challenge of revealing the subject s full scope to the interested tyro and yet making experts wonder how they had somehow overlooked this or that critical article is fully met. Professors Dinwoodie and Janis and their publisher deserve thanks for bringing this treasure trove within reach of all with an interest in why and how brands are regulated.' - David Vaver, Osgoode Hall Law School, Canada and University of Oxford, UKThis comprehensive two-volume collection of leading articles in trademark and unfair competition law spans almost a century and three continents, bringing together the most influential and significant scholarly work in this exciting field. These essential volumes, with a new and original introduction by two leading contemporary writers, are organized in a way that highlights essential concepts and will be invaluable both for those taking their first steps in the area and for those seeking to re-acquaint themselves with the classics. 44 articles, dating from 1925 to 2010 Contributors include: B. Beebe, L. Bently, R.S. Brown Jr., W. Cornish, R. Dreyfuss, A. Kur, J. Litman, R. Posner, F. Schechter

This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors. The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades. Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well. Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

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.

This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and theorists about the meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice.

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.

As usage of the NEC (formerly the New Engineering Contract) family of contracts continues to grow worldwide, so does the importance of understanding its clauses and nuances to everyone working in the built environment. Currently in its third edition, this set of contracts is different to others in concept as well as format, so users may well find themselves needing a helping hand along the way. Understanding the NEC3 ECC Contract uses plain English to lead the reader through the NEC3 Engineering and Construction Contract's key features, including: main and secondary options the use of early warnings programme provisions payment compensation events preparing and assessing tenders. Common problems experienced when using the Engineering and Construction Contract are signalled 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 NEC3 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 NEC3 ECC.

Enables readers to easily understand the contract to enable better compliance and efficiency Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 helps the reader overcome some of the difficulties encountered on a typical international construction project using the FIDIC Construction Contract 2nd Edition (the 2017 Red Book), by summarizing the activities and duties of those involved, and crystallizing the requirements of the contract. To aid in reader comprehension, the text explains clauses in the sequence they appear in the contract, but also in the order they happen in real time on site. It further provides practical guidance in a concise manner, and in straightforward, jargon-free language. It is a highly practical resource for use during the project, rather than a legal review of the contractual requirements, ensuring readers are fully conversant with the revised requirements and procedures mandated by the 2017 edition of the contract. Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 includes: A review of the duties and responsibilities of the three parties, the Employer, the Engineer and the Contractor, engaged on a FIDIC-based Contract A review of the flow of documentation and instructions which is to be provided by one party to another party throughout the contract period Practical guidelines are provided for the avoidance of disputes and delays in order that contracts are completed as planned Guide to the FIDIC Conditions of Contract for Construction: The Red Book 2017 is a practical and highly useful resource for engineers, consultants, project managers, and others who are engaged in the site management of international projects using the FIDIC Construction Contract, along with those involved in contractual administration on behalf of the client.

The premise of this volume is that business regulations are expected to grow in the near future as a consequence of the emergence of a "(world) risk society." Risks related to terrorism, climate change, and financial crises, for example, will penetrate all conditions of life. Increasingly, the decisions and actions of some bring about risks for many in this era of globalization. Controlling these risks implies managing the world through high-quality regulation, with a particular emphasis on businesses and financial institutions. Central to this approach is the argument that a major, if not the primary, aim of regulation is to internalize externalities, or in a broader context, to repair market failure. Such repair can only be accomplished when the costs are smaller than the welfare gains. Featuring contributions from researchers and policy analysts from the fields of economics, management, law, sociology, political science, and environmental policy, this book focuses on three major topics: * Social risks and business regulation * Preconditions for better business regulation * Theoretical issues related to better business regulation Collectively, the authors demonstrate that the easier it is for regulated businesses to comply at the lowest costs possible-without jeopardizing the related public goals-the greater the degree of compliance. When successful, the net result is a balance of individual and collective net benefits, and by further implication, sustainable business practice and economic growth.

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.

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.

This volume of essays draws together research on different types of collective actions: group actions, representative actions, test case procedures, derivative actions and class actions. The main focus is on how these actions can enhance access to justice and on how to balance the interests of private actors in protecting their rights with the interests of society as a whole. Rather than focusing on collective actions only as a procedural device per se, the contributors to this book also examine how these mechanisms relate to their broader social context. Bringing together a broad range of scholarship from the areas of competition, consumer, environmental, company and securities law, the book includes contributions from Asian, European and North American scholars and therefore expands the scope of the traditional European and/or American debate.

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.

This book is the first detailed and comprehensive research of the history of the Cape Town Convention and its protocols. It critically engages with the challenges faced by the developers of this treaty, analyses thousands of pages of archived materials and derives important lessons for the development of transnational commercial law globally. The book is an invaluable addition to the existing literature on the Cape Town Convention. It also informs the debate about harmonisation of secured transactions regimes generally, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. Practising lawyers will better understand the rationale behind the key provisions of the Cape Town Convention, while the treaty-making lessons will assist governmental officials, representatives of international organisations and legal advisors engaged in harmonisation of commercial law. The text covers all four protocols to the Cape Town Convention, including the MAC Protocol adopted on 22 November 2019 in Pretoria.