The 2004 volume of the "Comparative Law Yearbook of International Business" contains a wide variety of topics of interest to international commercial lawyers and their clients. Various areas of Company Law are discussed, including mergers and acquisitions, piercing the corporate veil and the financing of share acquisitions. The Yearbook also contains several chapters on investments and securities, including the need for corporate governance in this area, and the role of collective investment schemes in Bermuda. Some chapters deal with the introduction of new technology into the realm of commerce, particularly new legislation relating to e-commerce and the Competition Law issues encountered by the telecommunications industry. The introduction and effects of new legislation generally are also addressed, including the new Ukrainian Commercial Code and Brazilian Civil Code. In addition to discussions on intellectual property, arbitration and asset protection, the Yearbook contains a section on real property rights, including a very interesting comparison between the way in which China and Indonesia view property rights, and the treatment received by such rights in Western society. Various areas of law are also looked at from a European point of view, such as the increase in America-style asbestos litigation in Europe, the hiring out of workers within Europe and the effect of the European Convention on Human Rights upon business. With the ever-increasing introduction of new technology, the expansion of global communications, new attitudes towards business and commerce and increased awareness of personal and property rights, there is a constant need for the law to develop in order to adequately deal with these issues. The yearbook branches out into some of the innovative and topical areas of contemporary law, and should be of great interest to anyone involved in modern-day business.

Historiographical approaches to international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of historical methods and historical research can lead to a better understanding of international investment law. International Investment Law and History critically analyses the use of historical argument in international investment law. It examines the vital roles that historical arguments play in interpreting investment treaties, resolving investor-state disputes, and justifying or criticising the current system of investment protection. This book is the first in-depth study on the methodological challenges and benefits of historical analysis in international investment law. As such, it is a vital tool for scholars and practitioners in the field who wish to understand ways in which to use historical research and analysis to improve and redefine international investment law. Contributors include: M. Boase, H. Bray, Y. Chernykh, J. Ho, R. Hofmann, J. Kammerhofer, A. Kulick, K. Miles, M. Pinchis-Paulsen, S.W. Schill, T. St. John, C.J. Tams, J. Yackee

This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.

This publication represents a collection of scholarly and highly practical chapters prepared by leading experts on banking law. Important changes are taking place in the financial sectors in the Pacific Rim; vital roles are being played by Tokyo, Hong Kong, Singapore and Taipei. This volume deals with the broad policy issues entailed in the liberalization and deregulation of the banking industry and is divided into two parts. Part 1 covers liberalization and the search for an appropriate banking law model; and Part 2 deals with convergence of supervisory standards of international banking. This collection, which was designed as a broad foundation for comparative analysis of changes and reforms occurring worldwide in international banking regulation and practice, should be a useful aid to domestic and international government officials, executives of banking and other financial institutions, professionals (attorneys, accountants and other advisers) representing such institutions and academics, in trying to understand both policies and practicalities reflected by these rapid changes and reforms. A separate, but related, companion volume on international banking operations and practices has also been produced, entitled "International Banking Operations and Practices: Current Developments", which deals with the relevant legal questions regarding the changing international financial practices.

This work examines the scope of authors' rights in relation to the exploitation of their works by broadcasting, whether terrestrial or by satellite, cabling or over computer networks, in three important jurisdictions and under relevant international conventions. The analysis traces the gradual expansion of the various exclusive rights granted by copyright law in response to technological developments and puts them in their modern context, focusing on the overarching right of public performance or communication. The author argues that the advent of modern technologies, which recognize no national boundaries, necessitate the adoption of an internationally harmonized concept of "communication to the public" as the primary right applicable to the dissemination of copyright works in non-material form.

Franchising has long been an integral part of the globalization of business and an important tool in the spread of investment.
In this special issue of the Comparative Law Yearbook of International Business, practitioners who are specialized in franchising -- its potentials as well as its pitfalls -- provide reports on franchising developments in national systems such as:
- Australia,
- Austria,
- Canada,
- Chile,
- China,
- the Czech Republic,
- Denmark,
- France,
Germany,
- Greece,
- India,
- Indonesia,
- Israel,
- Malaysia,
- Mexico,
- Norway,
- Russia,
- Singapore,
- Spain,
- Thailand, and
- Turkey.

This book analyzes the legal and economic situation concerning the removal and allocation of natural resources in the Caspian Sea - the largest enclosed body of salt water in the world, which not only constitutes a fragile ecosystem with tremendous fishery resources, but is also rich in oil and gas deposits. After more than 20 years of negotiations, the five littoral states signed the Convention on the Legal Status of the Caspian Sea in August 2018. This book investigates whether this long-awaited agreement may pave a way forward for the sustainable and peaceful development of the Caspian region. The newly introduced regulations on the delimitation of the boundaries, on the Caspian Sea's natural resources (especially its fossil fuels) and on the transport of goods by shipping and submarine pipelines, are of utmost importance for the successful participation of the Caspian states in global markets. In addition to a detailed analysis of the Convention, the book offers an up-to-date and comprehensive overview of the historical background and current status of issues that are of critical importance for the region's development and security.

This book shows how the links between energy security and national and international law and policies on green energy pose challenges to a transition towards a green energy system. Based on empirical work carried out in two very different country case studies - Great Britain and Brazil - this book attempts to foster a better understanding of the role played by energy security in constructing and deconstructing green energy policy initiatives. The broad range of views raised in national contexts leads to legal disputes in international forums when attempts are made to address the issues of this energy security/green energy interplay. As such, building on the findings of the case studies, this book then analyses the interplay between energy security and green energy development in international trade law as encapsulated in the law of the World Trade Organisation (WTO). Finally, the author proposes a way forward in creating the legal space in the law of the WTO for trade restrictive measures aimed at ensuring green energy security.

The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it. Across the diverse chapters herein, expert international scholars assess the key challenges facing decision makers, analyze arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer a detailed analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures. Combining high-level analysis with a detailed assessment of controversial legal issues, this book will provide guidance for both academics and legal practitioners working in international economic law, international arbitration, investment law, international banking and financial law. Contributors include: A. Asteriti, P. Athanassiou, C.N. Brower, A. De Luca, A. Goetz-Charlier, A. Gourgourinis, R. Hofmann, H. Kupelyants, Y. Li, M. Mendelson, M.W. Muller, M

This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries' political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific's agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.

The spectacular success of electronic commerce in recent years has seen an explosion in the availability of information and entertainment products on the Internet. This distribution of `content' is expected to continue as one of the major sources of growth on the Internet in the years ahead, raising concerns over the protection of content owners' rights. While the complex copyright problems of the Internet have generated plenty of literature and legislative initiatives, many important issues still remain unresolved. Rights holders in the online marketplace thus remain vulnerable to digital piracy and other forms of unauthorised use. Concerns over the effectiveness of the copyright system in a digital environment have inspired content providers to look for alternative protection regimes or strategies. These alternatives, such as the protection afforded by contract law and information technology, comprise important elements of the Electronic Copyright Management System (ECMS), a fully automated system of secure distribution, rights management, monitoring and payment of copyright-protected content currently being developed. Perhaps the largest multidisciplinary study conducted on ECMS to date is the IMPRIMATUR project, which was subsidised by the European Commission's Esprit Programme, and for which the Institute for Information Law of the University of Amsterdam (IViR) produced a series of legal studies. This volume collects six fully revised and updated studies relating to copyright and electronic commerce which have resulted from the IViR's research. As well as examining the legal issues crucial to the development of electronic copyright management systems, the contributions address issues with wider implications for the law of copyright in general. Other aspects of information law are also considered, such as defamation, data protection, privacy and freedom of expression and information, as are general questions of contract and tort law.

Examining open EDI, an application of electronic commerce, this volume deals with its relationship with law. Electronic commerce applications all allow the transfer of electronic data from one point to another. Open EDI also allows for commercial transactions to take place in a fully-automated and highly-organized trading environment. Open EDI permits "ad hoc" open electronic transactions irrespective of geographical border and jurisdictions among trading partners with no prior trade relationship. By doing this open EDI limits the possibility of using up-front interchange agreements to address legal problems of the interchange. It is therefore necessary to use legal instruments supported by information technology to overcome legal problems. The book advocates the use of possible regulations to address the need of the users to act in such a trading environment uninhibited by basic legal concerns. It concludes that to respond to the challenge of open EDI it is necessary to work towards a new legal framework based on international law and supported by information technology.

Students in various disciplines-from law and government to business and health policy-need to understand several quantitative aspects of finance (such as the capital asset pricing model or financial options) and policy analysis (e.g., assessing the weight of probabilistic evidence) but often have little quantitative background. This book illustrates those phenomena and explains how to illustrate them using the powerful visuals that computing can produce. Of particular interest to graduate students and scholars in need of sharper quantitative methods, this book introduces the reader to Mathematica, enables readers to use Mathematica to produce their own illustrations, and places specific emphasis on finance and policy as well as the foundations of probability theory.

This book assesses the Statute for a European Cooperative Society (SCE) regarding agricultural activities by comparing how specific questions arising in this context must be dealt with under the Italian and Austrian legal systems. In this regard, Council Regulation (EC) No. 1435/2003, of 22 July 2003, on the Statute for a European Cooperative Society (SCE), is used as a tool for the structured analysis of various aspects of agricultural cooperatives. However, a comparison is only meaningful if the results are made comparable on the basis of a previously defined standard. Accordingly, the study uses, on one hand, a cooperative model developed by European legal scholars that defines general guidelines on how cooperatives should function (PECOL). On the other, the results are presented in connection with economic considerations to discuss how efficient rules can be developed.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

This book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.

This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

The 2006 edition of the "Comparative Law Yearbook of International Business" examines issues in three major topic categories: Litigation and Dispute Resolution, Investment Vehicles, and Secured Interests in Immovables. Lawyers from Nigeria, the United States, and Ireland review the settlement of investment disputes, the impact of claims on non-United States companies, and claim and dispute resolution under FIDIC. Practitioners from Israel, Panama, Hong Kong, and Belgium treat investment vehicles such as trusts, foundations, and joint ventures and investment visas. Contributors from Brazil, Venezuela, Argentina, and Mexico review the use of security in real property in their respective jurisdictions. Finally, lawyers from Brazil, Canada, the United States, Germany, South Africa, Ukraine, and Romania treat issues ranging from trade mark counterfeiting, registered designs, and telecommunications to criminality in international business transactions, outsourcing, and business immigration.

Nations in all regions of the world today share a common international sales law, the United Nations Convention on Contracts for the International Sale of Goods (CISG). The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980. Since then, the number of countries that have adopted the CISG account for over two-thirds of all world trade. The area of international sales law continues to grow as technology and development take us to a global economy. As such, the study of the CISG has become an integral component of this ever-growing area of international commercial law. "The Pace International Law Review edits the "Review of the Convention on Contracts for the International Sale of Goods (CISG), a book published by Kluwer Law International. The Review of the CISG is published once yearly and features articles written by prominent legal scholars in the field of international sale of goods from around the world. In addition to scholarly writings analyzing the various articles of the CISG, the book seeks to compile translations of recent decisions as well as commentaries of notable cases relating to the CISG. The Review of the CISG provides both a forum for legal discussion within the international legal community in the area of international sales law and as an authoritative source of reference for international scholars.

This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China-Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.

This work examines both the UK and international regulation, as well as the case law and legislation affecting a wide spectrum of modern financial techniques. Within the scope of those financial techniques are the broad range of instruments, structures and contracts deployed by global financial markets in relation to corporate customers, sovereign entities and other public sector bodies. The essays in this collection are concerned with the nature of the modernity of financial products like derivatives, and the particularly acute challenge that they pose both to the control of financial markets by private law and by established means of regulation. Much of the book focuses on derivatives as exemplars of this broader context. The authors analyze practical and theoretical issues as diverse as credit derivatives, dematerialized securities, the ISDA EMU protocol, and the OTC derivatives market, as well as the regulation of financial products, the economics of financial techniques, and the international regulatory framework. They examine issues of private law, including the legal implications of immobilization and dematerialization in collateral transactions, seller liability in credit derivatives markets and fraud. The essays examine the benefits and shortcomings of various legal mechanisms and methods of financial regulation, and suggest new approaches to the questions facing the law of international finance. The essays in this book arose out of the W.G. Hart workshop on Transnational Corporate Finance and the Challenge to the Law held at the Institute of Advanced Legal Studies in London in 1998.

This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU's external trade relations, building on and stimulating further - the already well-engaged - scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

This book presents an in-depth analysis of issues in trade law and EU pharmaceutical law concerning market access for traditional Chinese medicinal products. It discusses these issues from the standpoints of fundamental law, international law and EU law, so to offer a comprehensive perspective. Specifically, it points out the core legislative issues for EU policymakers who deal with market access for traditional medicinal products; describes the relation between law and science; and offers essential information on herbal medicinal product registration in the EU. Further, it compares EU law and Chinese law in this regard, which can offer inspirations for readers from other counties that have similar medicinal products. The book uses straightforward, accessible language to break down the key issues involved.

'Ruhmkorf's thought-provoking book has a powerful message: that we cannot rely on the discretion of business to promote CSR voluntarily. Through the devastating example of the Rana Plaza disaster, Ruhmkorf shows that we must get beyond business rhetoric and develop a multidimensional approach to the regulation of global supply chains. Whilst recognising the existing limitations of private law, his book highlights the potential contribution of private law to the development and promotion of CSR. The task is not an easy one, but by adopting a pluralistic approach to corporate law and by employing contract law, consumer law and tort law more dynamically, English private law could fill many of the regulatory gaps. The message is urgent and strong. This is a must read book for anyone concerned with CSR, supply chains and the law.' - Charlotte Villiers, University of Bristol, UK 'This book fills an important gap in discussions of international CSR standards. It is all very well to say that states must protect and companies should respect human rights, but when breaches of human rights do occur, it is remedies that matter. Ruhmkorf explores the limits of private law avenues for seeking such remedies. In so doing, he provides a valuable understanding of obstacles to fuller realization of the three-pillared ''Protect, Respect and Remed'' Framework of the UN Guiding Principles on Business and Human Rights. - Alice de Jonge, Monash University, Australia Current debate surrounding social responsibility has neglected to fully comprehend the important role of national private law in achieving socially responsible conduct in business. This insightful book demonstrates how private law makes a significant contribution to the promotion of corporate social responsibility (CSR) and how it could be improved. Based on the analysis of four substantive areas (company law/corporate governance, contract law, consumer law and tort law), this inclusive book covers a full range of issues that are important for CSR. These include directors duties, corporate reporting, the incorporation of CSR policies into the supply chain, consumer rights and the tortious liabilities of companies. The book discerns how national private law in the home state of multinational enterprises can legally affect their socially responsible conduct worldwide. Andreas Ruhmkorf demonstrates that private law already promotes and, with certain amendments, could better promote CSR in the regulation of global supply chains. The book's findings are applied to the collapse of the Rana Plaza Building in Bangladesh, which offers a supportive empirical insight. As an up-to-date and comprehensive survey of CSR and global supply chains, this work will benefit researchers and practitioners interested in the fields of CSR, private law, international law, political economy, international labor standards and sustainable supply chains.