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This three-volume collection comprises a selection of research articles and papers on geographical indications by the leading academics in this field. The collection examines the functions and economic underpinnings of this form of product designation, together with the various forms of legal protection of geographical indications, both national and international. It contains a number of contributions that examine the potential impacts of geographical indications in developing countries, which explore this form of marketing through case studies. With an original introduction by the editor Michael Blakeney, these volumes are an excellent reference for scholars and researchers in this field.
This accessible book offers a comprehensive and critical introduction to the law on business organizations in the People's Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights and legal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers), corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China's unique social, political and economic contexts.
International copyright law is a complex and evolving field, of manifest and increasing economic significance. Its intellectual challenges derive from the interlocking relationships of multiple international instruments and national or regional laws and judgments. This ground-breaking casebook provides a comprehensive and comprehensible account of international copyright and neighbouring rights law, from the cornerstone of the 1886 Berne Convention and the Rome Convention of 1961, through to the 1994 TRIPS Agreement and the 1996 and later WIPO Copyright Treaties. It examines how national laws have implemented the international norms, and explores the issues these sources have left ambiguous or unresolved. Ginsburg and Treppoz, two of the leading lights in international copyright law, bring their expert commentary and provocative questions to judiciously selected extracts from cases, analytical texts, and the texts of the treaties themselves, to develop a deeply nuanced understanding of this field. The approach centres on comprehending the international law and international treaties and, rather than analyzing the treaties in turn and in abstract, offers a concrete issue-by-issue treatment of the subject. Key features of the casebook: * written by two leading authorities in the field * carefully selected extracts from primary and secondary sources build a clear picture of the field * expert analytical commentary and questions set the extracts in context * US and EU perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments * an issue-based approach that synthesizes the treaties and facilitates a nuanced understanding * exposition of lacunae in the treaties, and extensive consideration of how private international law fills the gaps * leads students through the field from beginning to end.
The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.
Emissions trading is an economic legal framework designed to address the global environmental crisis of climate change. This book analyses the broader impacts of these frameworks - particularly the relationship between emissions trading schemes and the WTO. Felicity Deane focuses primarily on the rules of the WTO as a tool to demonstrate where the boundaries exist for acceptable interface with international trade. She explores the meaning of goods and products, services, subsidies and border adjustments within the context of the WTO rules and considers the impacts of these definitions on emissions trading frameworks. Academics and students with an interest in the WTO and the convergence of trade and environment will find this an insightful book. The points raised will also be useful to legal professionals, economists and policymakers involved in emissions trading practices.
Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States. The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world. Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.
With courts and arbitrators functioning daily as front line decision-makers applying EU competition law, this book reflects on a variety of issues related to the litigation and arbitration of cases in this field. It provides expert analysis from perspectives of substance, procedure, fundamental rights, as well as inter-institutional dialogue and coherence. Featuring a range of scholarly contributions, the essays address topics including the 2014 EU `Damages Directive', now in force and being implemented; the EU's tepid reception of the `collective redress' concept; a range of issues concerning state aid law; the arbitrability of competition law issues, as well as many other matters related to arbitration in this context such as judicial review of arbitral awards from a competition law perspective, and the interplay between arbitral proceedings and competition agency investigations. With its wide coverage, this book serves as a valuable resource for any reader working on EU competition law, whether for the purpose of teaching or studying the law, or of practising in this field as a lawyer, public official, judge or arbitrator.
Unsurpassed in authority, reliability and accuracy; the 2018-2019 edition has been fully revised and updated to incorporate all relevant legislation for consumer and commercial law courses. Blackstone's Statutes on Commercial & Consumer Law is an abridged collection of legislation carefully reviewed and selected by Professor Francis Rose. With unparalleled coverage of consumer and commercial law, Blackstone's Statutes on Commercial & Consumer Law leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Commercial & Consumer Law is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
Corporate governance in financial institutions has come under the spotlight since the banking crisis in the UK in 2008-9. In many respects, the banking business raises unique problems for corporate governance that are not found in other corporate sectors. The Law on Corporate Governance in Banks is the first work to provide a detailed survey and practical examination of key topical issues in the corporate governance of banks and financial institutions. Combining the insight and expertise of leading corporate lawyers in the field with rigorous academic analysis, the book unpicks and clarifies the legal issues that confront corporate and banking law practitioners when advising banks and financial institutions, including; governance structure, collective board responsibility, directors' liability, the role of shareholders, corruption control mechanisms, remuneration, corporate accountability, and risk management. With its practical focus and strong theoretical platform, this book will be an important resource for corporate and financial lawyers seeking to understand and advise on the changing and dynamic legal landscape. Key features of the book include: * An author team of senior practitioners and leading academic experts * Detailed treatment of all the key corporate governance issues in financial sector * Comprehensive and up-to-date legislative analysis of latest reforms
'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. The author has taught advocacy in over 20 countries and recognises that the challenges of advocacy throughout the world are much the same. This accessible book is intended to give you essential knowledge, tips, confidence and support. 'Advocacy: A Practical' provides you with techniques with which, by practice and experience, you can refine your skills. The book shows you how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It will also show you how to succeed in Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches. There is also a section on Written Advocacy which teaches you to write persuasively and how to draft submissions and effective skeleton arguments. Finally, the book is full of stories and examples of skilful advocacy. It looks at the great advocates; their methods and approaches to winning cases and what made them stand out from the rest. This book is based on civil advocacy and arbitration, although patent attorneys and criminal practitioners will also find it valuable. International lawyers will also find the book helpful, providing as it does a better understanding of common law practices such as cross-examination.
This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
This bilingual casebook is intended as a study aid for students of the general principles of the law of contract. Extracts from leading cases, supplemented by explanatory notes, are set out in traditional textbook style, which should provide students with easy access to cases.
Framed. Imprisoned. Pregnant. Jenna thought she had the perfect life: a loving fiance, a great job, a beautiful home. Then she finds her stepdaughter murdered; her partner missing. And the police think she did it... Locked up to await trial, surrounded by prisoners who'd hurt her if they knew what she's accused of, certain someone close to her has framed her, Jenna knows what she needs to do: Clear her name Save her baby Find the killer But can she do it in time? Praise for Angela Clarke 'Pacey, fiercely feminist, compulsively readable' The Pool 'Written in the sharpest style...Clarke is certainly someone to watch' Daily Mail 'Crime writing with attitude' Mark Edwards, author of The Retreat
This innovative book explores the nature and function of `sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis. Sofia Ranchordas presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation. The author begins with a comprehensive history of sunset clauses and experimental legislation, along with a clear explanation of their characteristics and potential uses. She then analyzes the relationship between these legislative instruments and a number of fundamental legal principles, including legal certainty, equal treatment, proportionality and separation of powers. This thorough exploration of sunset clauses and experimental regulations places them within a broader legal context and makes a compelling case for their increased use. Scholars and students of comparative law, regulation and public policy will all find this book a fascinating and useful resource.
Water and the Law examines the critical relationship between law and the management of water resources in the context of ensuring environmental sustainability. It highlights the central importance of integrated water resources management and cooperation in achieving sustainability. The book considers two broad themes that are critical for life on Earth: how law can contribute to the sustainability of water itself and how the law's regulation of water can contribute to the sustainability of life - both human life as well as that of other species in their natural environment. The expert contributors highlight that current approaches to water governance embrace integrated water resources management and appreciation of the holistic nature of the hydrological cycle. In addition to the recognition of the nature of water, there is also an apparent need for addressing water concerns in a cooperative manner. Capturing the complexities and challenges of protecting water as a resource on the one hand and utilizing it as a service on the other, this thought-provoking book will prove a valuable resource for researchers and students of both water law, and the nexus of environmental law with human rights.
This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns - concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners.
This state-of-the-art Dictionary defines terms employed in international agreements, national legislation and scholarly legal studies related to comparative and international environmental law and the emerging law of climate change. In acknowledgement of China's growing role in this arena, each term also includes its pinyin translation in order to facilitate access to the Mandarin variants. The international community is developing increasingly complex environmental provisions and participating in a number of international treaties and agreements related to environmental law and regulation. The complicated and highly specific nature of environmental law has led to the development of localized terminology that is not easily understood outside its country of origin. Jointly prepared by scholars in China and the US, the Dictionary provides a linguistic bridge between English and Chinese speakers as well as an essential reference for those interpreting and applying international environmental law, multilateral environmental agreements, and domestic laws that implement these treaties. Students, scholars and practitioners in the area of environmental law will find this groundbreaking Dictionary an invaluable addition to their libraries.
Unsurpassed in authority, reliability and accuracy; the 2018-2019 edition has been fully revised and updated to incorporate all relevant legislation for property and equity and trusts law courses. Blackstone's Statutes on Property Law is an abridged collection of legislation carefully reviewed and selected by Meryl Thomas. With unparalleled coverage of property law Blackstone's Statutes on Property Law leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Property Law is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Online resources The accompanying online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.
Belligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length - exceeding half a century and still in progress - and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; Advisory Opinions and Arbitral Awards) as well as domestic courts.
Endorsed by WJEC/Eduqas and written by a team of experienced teachers and examiners, WJEC/Eduqas for A Level Law Book 1 offers high quality support for the Year 1 and AS course. // Designed to be used in conjunction with Book 2 to provide full coverage of WJEC/Eduqas A Level Law. // Book 1 covers all the content of the Year 1 and AS course, and provides some content for the Year 2 and A2 course. // Covering both the WJEC and Eduqas specifications, each topic is mapped to the relevant specs for quick reference and easy navigation. // A variety of features, including Grade Boost, Key Cases and Stretch and Challenge activities encourage learners to think critically and help develop their knowledge and understanding and ability to analyse. // An Exam practice and technique section provides advice and guidance on how to revise and helps students develop the skills needed for the exams.
Key features of this comprehensive book include: * First volume to examine the 2012 European regulation on quality schemes for agricultural products and foodstuffs * Scrutinises the proposed amendments to the Community Trade Marks Regulation on certification marks * Uniquely considers the 2013 Customs Regulation. * Offers the most up to date Practitioner book that considers the 2012 changes to geographical indications law. The Protection Of Geographical Indications examines from a practitioner's perspective the European laws concerning the protection of geographical indications and geographical trade marks. The book expertly annotates the 2012 European regulation on quality schemes for agricultural products and foodstuffs, the proposed amendments to the Community Trade Marks Regulation on certification marks and the new Customs Regulation which deals with the counterfeiting of geographical indications. Offering a clear and concise analysis of the updates to European laws that are concerned with geographical indications, this detailed discussion will be an important resource for IP practitioners at all levels. Students and academics concerned with IP law as well as agricultural law and policy, and law and development, will also find much of value in this authorative volume.
In 1951, a new type of publication appeared on newsstands--the physique magazine produced by and for gay men. For many men growing up in the 1950s and 1960s, these magazines and their images and illustrations of nearly naked men, as well as articles, letters from readers, and advertisements, served as an initiation into gay culture. The publishers behind them were part of a wider world of "physique entrepreneurs" men as well as women who ran photography studios, mail-order catalogs, pen-pal services, book clubs, and niche advertising for gay audiences. Such businesses have often been seen as peripheral to the gay political movement. In this book, David K. Johnson shows how gay commerce was not a byproduct but rather an important catalyst for the gay rights movement. Offering a vivid look into the lives of physique entrepreneurs and their customers, and presenting a wealth of illustrations, Buying Gay explores the connections--and tensions--between the market and the movement. With circulation rates many times higher than the openly political "homophile" magazines, physique magazines were the largest gay media outlets of their time. This network of producers and consumers helped foster a gay community and upend censorship laws, paving the way for open expression. Physique entrepreneurs were at the center of legal struggles, especially against the U.S. Post Office, including the court victory that allowed full-frontal male nudity and open homoeroticism. Buying Gay reconceives the history of the gay rights movement and shows how consumer culture helped create community and a site for resistance.
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