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Books > Law > International law > Public international law > International economic & trade law > General

Intellectual Property and the Internal Market of the European Community (Hardcover, 1993 Ed.): Peter Groves Intellectual Property and the Internal Market of the European Community (Hardcover, 1993 Ed.)
Peter Groves
R8,930 Discovery Miles 89 300 Ships in 10 - 15 working days

This work, perhaps for the first time, provides a description of the great variety of proposals at EEC level for the reform and harmonisation of intellectual property law. It addresses patents, copyright and neighbouring rights, trade marks, biotechnology, semiconductor chips, topography right, industrial designs and plant breeders' rights. Save as required for the purpose of shedding light on the EEC proposals, it does not attempt to examine member states' national laws. In the case of industrial designs, where no harmonisation has yet been proposed, a very brief survey of national jurisdictions is presented. There is a useful appendix of documents, a bibliography and index. This practical handbook will prove invaluable to practitioners, both in the IP field and non-specialists, seeking up-to-date information on European developments, including solicitors, barristers, patent agents and trade mark agents in private practice, commerce and industry throughout the EEC and in Member States' major trading partners.

Economics Without Laws - Towards a New Philosophy of Economics (Hardcover, 1st ed. 2017): Ukasz Hardt Economics Without Laws - Towards a New Philosophy of Economics (Hardcover, 1st ed. 2017)
Ukasz Hardt
R4,082 Discovery Miles 40 820 Ships in 10 - 15 working days

This book offers a vision of economics in which there is no place for universal laws of nature, and even for laws of a more probabilistic character. The author avoids interpreting the practice of economics as something that leads to the formulation of universal laws or laws of nature. Instead, chapters in the book follow the method of contemporary philosophy of science: rather than formulating suggestions for practicing scientists of how they should do research, the text describes and interprets the very practice of scientific research. This approach demonstrates how economists can explain economic phenomena not by subsuming them under general laws, but rather by building models of these phenomena, by referring to causes, or even by investigating what is in the nature of given factors, events, or circumstances to produce.

The Rotterdam Rules 2008 - Commentary to the United Nations Convention on Contracts for the International Carriage of Goods... The Rotterdam Rules 2008 - Commentary to the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Hardcover)
Alexander Von Ziegler, Johan Schelin
R5,892 Discovery Miles 58 920 Ships in 10 - 15 working days

The 2008 UNCITRAL Convention commonly known as the Rotterdam Rules promises to achieve the hitherto elusive goal of a legal unification of international transport contracts. Its innovative set of rules accommodates such modern trade practices as those treating the carriage of goods by sea as part of wider door-to-door commercial transport operations and those relying on electronic commerce. It closes many gaps in the existing international transport regime, thoroughly specifying the relation of transport documents to the rights and obligations between exporters and importers of goods, and clarifying the interests of credit and insurance in contracts of carriage. This remarkable book, which will examine the Rotterdam Rules in depth, is edited and written by international lawyers intimately familiar with the negotiations leading to the Convention in finished form. It proceeds by a detailed analysis of each of the Convention's 18 chapters in turn, in a clause-by-clause manner, drawing attention to interlinking implications throughout the document. The book's lucid insights and guidance are especially valuable in showing exactly how the Rules improve the existing international transport regime through its clearer and more complete regulation of such elements as the following: allocation of burden of proof; evidentiary value of transport documents and electronic records, including non-negotiable documents and records; freedom of contract in respect of volume contracts; continuous character of the obligation of seaworthiness; limits of liability; rights during transit; recovery of loss of and damage to goods caused by accidents of navigation; and, jurisdiction and arbitration. It also includes: role of subcontracted carriers both on sea and inland; role of warehouses, transport terminals and stevedoring companies; risks and contract practices of lenders; interests of freight forwarders, cargo insurers and liability insurers; and, prevention of maritime fraud. The authors provide a crystal-clear picture that allows the reader to appreciate the balanced way in which the interests of the various stakeholders are addressed by the Rules - the greater legal certainty for each party's legal position, the freedom to extend the Rules by contract to the whole transport operation, the clear legal basis for the use of electronic transport records, and the flexibility with which the Rules have left room for evolving trade practices. It will be of immeasurable value to practitioners and all parties interested in understanding how the new Convention operates and how the provisions are intended to be applied after the Convention comes into force.

UNIDROIT's Rules in Practice - Standard International Contracts and Applicable Rules (Hardcover): G.Gregory Letterman UNIDROIT's Rules in Practice - Standard International Contracts and Applicable Rules (Hardcover)
G.Gregory Letterman
R7,889 Discovery Miles 78 890 Ships in 10 - 15 working days

In the law of contracts, the term "internationalization" has come to mean the removal of transactions from any nation's legal standards, system of dispute resolution, or commercial practices. The benefits include avoidance of choice-of-law and venue deadlocks, use of clearly defined terms (sometimes specialized for a particular industry) that have attained general international usage, and escape from the jurisdiction of unacceptable laws, legal systems and courts. The trend has picked up speed in recent years, to the point where many business people want their contracts "internationalized" as a matter of course. This volume focuses on the elements that make a contract "international" in the new sense, and the interrelationships between those elements, rather than on the constantly changing mass of attendant detail. It provides an understanding of the principles that underlie the structure of a sound international commercial contract, and aims to give the practitioner the insight necessary to negotiate such a contract successfully, whatever the particular circumstances. To clarify such an understanding of "internationalization", the author describes and analyzes aspects of the following international contract law regimes: the United Nations convention on contracts for the international sale of goods (CISG); the UNIDROIT principles; CISG and UNIDROIT jurisprudence; the "lex mercatoria" and other international, regional, and national contract law principles; privately established rules, standards and certifications; model contracts, provisions, and standards; and international commercial arbitration regimes and other non-national dispute resolution fora. A final chapter deals exclusively with practical applications - when to and when not to "internationalize" a contract, how to plan for effectiveness and the best advantage, and selecting appropriate and consistent devices for "internationalization".

Commercial Agreements and Competition Law - Practice and Procedure in the UK and EC (Hardcover, 2nd New edition): Nicholas... Commercial Agreements and Competition Law - Practice and Procedure in the UK and EC (Hardcover, 2nd New edition)
Nicholas Green, Aidan Robertson
R15,732 Discovery Miles 157 320 Ships in 12 - 19 working days

This reference work examines the procedure and practice relating to commercial agreements and trade association practices under UK and EC competition laws. It first covers procedure in both the UK and EC, and then provides a detailed comparative analysis of all the major types of commercial agreements and trade association practices in both UK and EC law. Since much of competition law is, in practice, administered by administrative rather than judicial bodies, full treatment is given to the informal administrative solutions applied by the authorities. However, as an increasing amount of competition law is subject to litigation, there is also in-depth analysis of all the major cases. There is also a full discussion of the EC block exemptions and recent developments in UK competition law.

International Securities Law Handbook (Hardcover, 1995 Ed.): Von Heydt International Securities Law Handbook (Hardcover, 1995 Ed.)
Von Heydt
R7,898 Discovery Miles 78 980 Ships in 10 - 15 working days

Providing a desk reference for lawyers and others involved from time to time in the issuance or sale of securities outside their own national jurisdiction, this handbook presents briefly, in uniform summary form, the key elements of securities law and regulations in 20 national jurisdictions and seven US state jurisdictions. It aims to enable a foreign lawyer to gain a general understanding of the legal environment affecting securities, to perceive the types of questions which need to be addressed, to talk intelligently with his or her clients concerning these questions and the need for foreign legal advice and assistance, and to interact effectively with foreign counsel.

Market Integration: The EU Experience and Implications for Regulatory Reform in China (Hardcover, 1st ed. 2016): Niels... Market Integration: The EU Experience and Implications for Regulatory Reform in China (Hardcover, 1st ed. 2016)
Niels Philipsen, Stefan E. Weishaar, Guangdong Xu
R2,915 Discovery Miles 29 150 Ships in 10 - 15 working days

This book examines the relationship between regulation and market integration, with a special focus on China. It pursues a Law and Economics and Comparative Law approach (China and EU) to analyze the current obstacles to market integration and domestic economic growth in China. Topics covered at the national level include competition law, public procurement rules and financial regulation. At the regional and local level, this book addresses questions related to administrative monopolies, self-regulation, legal services markets, and environmental law.

Energy Law and Regulation in Brazil (Hardcover, 1st ed. 2018): Jose Augusto Fontoura Costa, Marilda Rosado de Sa Ribeiro, Ely... Energy Law and Regulation in Brazil (Hardcover, 1st ed. 2018)
Jose Augusto Fontoura Costa, Marilda Rosado de Sa Ribeiro, Ely Caetano Xavier Junior, Vivian Daniele Rocha Gabriel
R2,413 Discovery Miles 24 130 Ships in 10 - 15 working days

The book presents contributions from Brazilian experts on the regulation of different energy sources. Focusing on describing and discussing the fundamental issues related to the legal regulation of each of the sources that compose Brazil's energy matrix, it also analyzes economic and strategic aspects and identifies the main current problems related to the exploration for and production of each energy source. The book offers a clear and detailed overview of energy law and regulation for policymakers, foreign investors and legal professionals dealing with energy projects in Brazil.

The Pursuit of Stability of the Euro Area as a Whole - The Reform of the European Economic Union and Perspectives of Fiscal... The Pursuit of Stability of the Euro Area as a Whole - The Reform of the European Economic Union and Perspectives of Fiscal Integration (Hardcover, 1st ed. 2020)
Luca Lionello
R3,631 Discovery Miles 36 310 Ships in 10 - 15 working days

This book analyses the ongoing reform of the European economic union in the light of the new objective of 'stability of the euro area as a whole' in Article 136(3) TFEU. On the basis of the relevant legal sources, it qualifies this objective as the obligation to preserve the existence of the monetary union, the establishment of which was an EU goal laid down in Article 3(4) TEU. While to date the objective has been achieved through fiscal and macroeconomic consolidation in the member states and the activation of stabilisation mechanisms in cases of emergency, the book argues that full stability requires a better system of economic governance, either through a process of partial fiscal centralisation or the return to a more efficient and sustainable market discipline of public finances. It also analyses the concrete legal challenges these raise, including compliance with the conferral principle, the longstanding democratic deficit of the governance and the balance between financial solidarity and fiscal responsibility.

Energy Efficiency Clauses in Charter Party Agreements - Legal and Economic Perspectives and their Application to Ocean Grain... Energy Efficiency Clauses in Charter Party Agreements - Legal and Economic Perspectives and their Application to Ocean Grain Transport (Hardcover, 1st ed. 2017)
George Adamantios Psarros
R3,799 R3,517 Discovery Miles 35 170 Save R282 (7%) Ships in 12 - 19 working days

This book provides practical solutions for addressing energy efficiency as a clause term within a charter party contract. For this, upon a reflection of the regulatory craft, it analyzes key concepts of case law, and discusses them together with commercial and economic principles. In this way, the book aims at offering a comprehensive, interdisciplinary view of the chartering process, together with a new approach for safeguarding energy efficiency investments. A special emphasis is given to the maritime industry. Here, the newly developed framework, based on game theory, has been successfully applied to demonstrate the importance of including a clause term in contract negotiation to achieve protection against both an uncertain market and an even more challenging shipping environment. The book not only fills a gap in the literature, covering a topic that has been largely neglected to date, yet it offers researchers and practitioners extensive information to change the chartering process radically.

International Arbitration Law Library - Arbitration in Complex International Contracts (Hardcover): Joachim G. Frick International Arbitration Law Library - Arbitration in Complex International Contracts (Hardcover)
Joachim G. Frick
R6,513 Discovery Miles 65 130 Ships in 10 - 15 working days

The technical, economic, and social development of the last 100 years has created a new type of long-term contract which one may call "Complex International Contract". Typical examples include complex civil engineering and constructions contracts as well as joint venture, shareholders, project finance, franchising, co-operation and management agreements. The dispute resolution mechanism, which normally deals with such contracts, is commercial arbitration, which has been deeply affected in recent decades by attempts to improve its capabilities. Most importantly, there is the trend towards further denationalization of arbitration with respect to the applicable substantive law. In this regard, a new generation of conflict rules no longer imposes on the arbitrators a particular method to be applied for the purpose of determining the applicable rules of law. Moreover, arbitration more frequently took on the task of adapting Complex International Contracts to changed circumstances. Also, special rules have been developed for so-called multi-party arbitration and fast track arbitration facilitating efficient dispute resolution. The author describes these trends both from a practical as well as a theoretical perspective, evaluating not only the advantages, but also the risks involved with the new developments in arbitration. Relevant issues with respect to the drafting and renegotiation of such contracts are also discussed.

International Investment Law and the Law of Armed Conflict (Hardcover, 1st ed. 2019): Katia Fach Gomez, Anastasios... International Investment Law and the Law of Armed Conflict (Hardcover, 1st ed. 2019)
Katia Fach Gomez, Anastasios Gourgourinis, Catharine Titi
R5,191 Discovery Miles 51 910 Ships in 10 - 15 working days

Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.

International Economic Arbitration (Hardcover): Klaus Berger International Economic Arbitration (Hardcover)
Klaus Berger
R15,164 Discovery Miles 151 640 Ships in 10 - 15 working days
Pills for the Poorest - An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa (Hardcover): E Cloatre Pills for the Poorest - An Exploration of TRIPS and Access to Medication in Sub-Saharan Africa (Hardcover)
E Cloatre
R2,880 Discovery Miles 28 800 Ships in 10 - 15 working days

The desperate need for a vast part of the global population to access better medicines in more certain ways is one of the biggest concerns of the modern era.
"Pills for the Poorest" offers a new perspective on the much-debated issue of the links between intellectual property and access to medication. Using ethnographic case studies in Djibouti and Ghana, and insights from actor-network theory, it explores the ways in which TRIPs and pharmaceutical patents are translated in the daily practices of those who purchase, distribute, and use (or fail to use) medicines in sub-Saharan Africa. It suggests that focusing on routine practices and the material deployment of intellectual property significantly enriches our understanding of the complex dynamics that animate the field of access to medicines and helps relocate the role of law within those processes. It demonstrates how intellectual property affects access to medicines in ways that are often discreet, indirect and forgotten. By exploring these complex mechanisms, it seeks to ask questions about the modes of actions of pharmaceutical patents, but also, more generally, about the complexity of legal objects.

International Trade Law and the GATT/WTO Dispute Settlement System (Hardcover): Ernst-Ulrich Petersmann International Trade Law and the GATT/WTO Dispute Settlement System (Hardcover)
Ernst-Ulrich Petersmann
R16,657 R11,407 Discovery Miles 114 070 Save R5,250 (32%) Ships in 12 - 19 working days

This text is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Until recently there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices, the scope for "non-violation complaints", the standards of review, intervention by third parties, and the appellate review procedures and case-law. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures, in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, trade-related environmental measures, the General Agreement on Trade in Services, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA and examines their interrelationships with the GATT/WTO dispute rules and procedures. The Annexes include tables of past GATT/TWO dispute settlement proceedings, as well as the texts of the WTO's Dispute Settlement Understanding and of the Working Procedures adopted by the Appellate Body of the WTO.

Review of the Convention on Contracts for the International Sale of Goods (CISG) 1995 (Hardcover): Cornell International Law... Review of the Convention on Contracts for the International Sale of Goods (CISG) 1995 (Hardcover)
Cornell International Law Journal
R5,855 Discovery Miles 58 550 Ships in 10 - 15 working days
Money Laundering and Financial Intermediaries (Hardcover): Sandeep Savla Money Laundering and Financial Intermediaries (Hardcover)
Sandeep Savla
R5,128 Discovery Miles 51 280 Ships in 10 - 15 working days

Vast amounts of money are said to be laundered through financial intermediaries in the United Kingdom, thereby potentially affecting the integrity of the financial markets. This work offers a critical examination of the criminal anti-money laundering provisions and their impact on financial intermediaries, which may play a facilitating role in the money laundering process. It further considers the efficacy of the criminal law in reducing the incidence of money laundering when used in conjunction with civil liability and financial market regulation. The crucial issues relating to financial intermediaries concern the interaction between procedural norms and equitable or criminal liability, the conflicts between disclosure and client confidentiality, the privilege against self-incrimination, and the procedural aspects of imposing corporate criminal liability. The author analyzes these in detail and considers to what extent the present provisions may need modification, particularly in light of the demands of procedural fairness laid down in the European Convention on Human Rights. Finally, the book considers the impact of the international nature of money laundering on United Kingdom financial intermediaries, in terms of enforcement and the extra-territorial application of laws and disclosure orders.

International Trade in Gambling Services (Hardcover): Madalina Diaconu International Trade in Gambling Services (Hardcover)
Madalina Diaconu
R5,250 Discovery Miles 52 500 Ships in 10 - 15 working days

The purpose of this work is to assess the current regulation of international trade in gambling services. Departing from different national definitions, gamblingA"represents, in this study, all services which involve wagering a stake with monetary value in uncertain events driven (at least partially) by chance, including lotteries, casino and betting transactions. International tradeA" of such services implies that the provider, the beneficiary or the service itself must cross a national border. Therefore, notwithstanding a brief evocation of selected national legal frameworks on five continents, this research has striven to focus on international regulations governing - principally or incidentally -provision of such services. In this context, Internet-provided gambling services were granted special attention. To this purpose, this work has been constructed in an Introduction and two main parts. The Introduction lays the basic frame by exposing the historical, economic and legal background surrounding games of chance in numerous countries on the five continents, which are essentially divided into gambling - restrictiveA" or gambling - liberalA" jurisdictions. It also gives a definition of gamblingA" services in this study, and it endeavors to classify such services in different categories (lotteries, betting, casino-type gambling, other types including media gambling and sales promotion services, examined from a land-basedA" or remoteA" perspective). The First Part (Global Trade in Gambling Services) is dedicated to international instruments regulating trade in services with a global reach. It is further divided in two main subparts, as unequal in importance as the instruments they analyze. The first relates to the prominent General Agreement on Trade in Services (GATS), signed by 153 countries under the auspices of the World Trade Organization. The second, more modest, examines the services liberalization framework established by the Organization for Economic Co-operation and Development (OECD) for its 30 member countries. The Second Part (Regional Trade in Gambling Services) scrutinizes gambling trade with a regional vocation. To this purpose, it analyzes the framework of the most successful preferential trade agreements to date, which have created a closer cooperation with respect to services between regional partners. This part is thus further divided in subparts dedicated to the following integrated trade areas: the European Union (EU), the European Free Trade Agreement (EFTA), the North American Free Trade Agreement (NAFTA), the Central American Free Trade Agreement (DR-CAFTA), the Mercado Comun del Sur (MERCOSUR), and the Association of South East Asian Nations Free Trade Area (ASEAN).

Beyond Free Trade - Alternative Approaches to Trade, Politics and Power (Hardcover): K. Ervine, G. Fridell Beyond Free Trade - Alternative Approaches to Trade, Politics and Power (Hardcover)
K. Ervine, G. Fridell
R2,403 R2,014 Discovery Miles 20 140 Save R389 (16%) Ships in 12 - 19 working days

The world of trade is changing rapidly, from the 'rise of the South' to the growth of unconventional projects like fair trade and carbon trading. Beyond Free Trade advances alternative ways for understanding these new dynamics, based on historical, political, or sociological methods that go beyond the limitations of conventional trade economics.

International Corporate Law - Volume 2 2002 (Hardcover, 2nd ed.): Fiona Macmillan International Corporate Law - Volume 2 2002 (Hardcover, 2nd ed.)
Fiona Macmillan
R4,625 Discovery Miles 46 250 Ships in 10 - 15 working days

The International Corporate Law Series is dedicated to the publication of scholarly writing on issues in the area of international and comparative corporate law. This volume includes contributions from the following: Dr Adedeji Adekunle of the University of Lagos writing on Nigerian corporate regulation; Professor Stephen Bottomley of the Australian National University writing on corporate governance; Professor John Braithwaite of the Australian National University and Dr Peter Drahos of the Queen Mary Intellectual Property Research Institute writing on the globalisation of corporate regulation; Professor Yves Chaput of the Universite de Paris I writing on developments in French corporate law; Rasiah Gengatharen of the University of Western Australia writing on corporate law reform and futures regulation in Australia; Dr John Gillespie of Deakin University writing on the transplantation of company law in Vietnam; Desmond Guobadia writing on developments in Nigerian corporate law; Jean-Phillipe Robe writing on the globalised enterprise within the world economy; Richard Tudway writing on the juridical nature of the corporation; and Professor Junko Ueda writing on recent developments in Japanese corporate law.

The Breeder's Exception to Patent Rights - Analysis of Compliance with Article 30 of the TRIPS Agreement (Hardcover, 2015... The Breeder's Exception to Patent Rights - Analysis of Compliance with Article 30 of the TRIPS Agreement (Hardcover, 2015 ed.)
Viola Prifti
R3,499 Discovery Miles 34 990 Ships in 12 - 19 working days

This book is the first to analyze the compliance of different types of a breeder's exception to patent rights with article 30 of the Agreement on Trade-Related Aspects of Intellectual Property Rights. This type of exception allows using protected biological matter for breeding new varieties of plants. The breeder's exception is widely accepted under plant variety legislation, but it is not common under patent laws despite the fact that patent rights often cover plant varieties. Only few European countries have adopted such an exception. After the entry into force of the Agreement on a Unified Patent Court, the exception will be mandatory for all European Union Member states. Based on a legal and economic approach, this book offers guidance to those countries that need to incorporate a breeder's exception into their national patent systems and suggests the importance of the exception for promoting plant breeding activities.

Liquefied Natural Gas: Developing and Financing International  Energy Projects - Developing and Financing International Energy... Liquefied Natural Gas: Developing and Financing International Energy Projects - Developing and Financing International Energy Projects (Hardcover)
Gerald B. Greenwald
R9,975 Discovery Miles 99 750 Ships in 10 - 15 working days

This work analyzes the commercial, legal and financial aspects of the complex process of developing an international energy project for the production and marketing of liquefied natural gas (LNG). The authors describe the essential chains in the commercialization of natural gas as LNG: entrepreneurial aspects; functional LNG facilities; and a linked series of contracts and contractual relationships. The expert contributions show the import and significance of the crucial dependent factors that appear and reappear in all stages of a successful LNG project. Each activity, each facility, each contract must be understood in the context of the overall project development process. By providing an understanding of the whole, this book aims to inform the performance of those who have personal responsibility for only a small part in the development and implementation of an LNG project.

Torture as Tort - Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hardcover): Craig... Torture as Tort - Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hardcover)
Craig Martin Scott
R6,358 Discovery Miles 63 580 Ships in 12 - 19 working days

The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation.

Public and Private Enforcement of Competition Law in Europe - Legal and Economic Perspectives (Hardcover, 2014 ed.): Kai... Public and Private Enforcement of Competition Law in Europe - Legal and Economic Perspectives (Hardcover, 2014 ed.)
Kai Huschelrath, Heike Schweitzer
R3,600 Discovery Miles 36 000 Ships in 12 - 19 working days

Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation.

The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe."

Regulating Finance - Balancing Freedom and Risk (Hardcover, New): Tommaso Padoa-Schioppa Regulating Finance - Balancing Freedom and Risk (Hardcover, New)
Tommaso Padoa-Schioppa
R3,857 Discovery Miles 38 570 Ships in 12 - 19 working days

Grounding its analysis in the historical evolution of financial regulation, this book addresses a range of public policy issues that concern the design of financial regulation and its enforcement, and contributes several new ideas to the debate in this field. Financial systems have become more competitive across sectors of financial institutions and nations, and direct regulations have been removed in pursuit of efficiency. However, as the risk of institutional failures has increased, de-regulation has had to be followed by re-regulation. In which form should this happen? This book answers this question. First revisiting the issue of "why to regulate", Padoa-Schioppa argues that the need to continue to regulate banks in a special way follows from their key role as liquidity providers. At the same time, his argument recognizes the need for close interplay in the regulation of different financial sectors. The book goes on to discuss "how" regulation should be carried out in the modern environment. It should be market-friendly, but the balance between official intervention and market discipline is difficult to get right. Moreover, in an increasingly international context, financial regulation has to be evenly applied across countries to avoid regulatory arbitrage. The final part of the book turns to issues specifically connected with developments in the European Union. One major issue is the maintenance of financial stability in the Euro area where the financial system is becoming especially integrated. Another major issue is the appropriate role of central banks. As the literature and practice are still very much under development, Padoa-Schioppa analyses the general aspects of the financial stability function of central banks - particularly in relation to the monetary policy and supervision functions - as well as the tools available for the Eurosystem.

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