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In the event that damage is caused as a result of the Year 2000
problem, who will be responsible for compensating the victims of
such damage? Should the developers, vendors or licensors of
non-compliant software be held liable if their products do not
continue to function correctly through the change in the
millennium? Should those who provide "fixes" to the Bug which do
not work properly be accountable for damage caused? Do end-users
have a duty to ensure that their software is Year 2000 compliant?
These questions, among others, will not be answered fully until the
courts have had an opportunity to rule upon disputes which will no
doubt arise. Other matters to be considered include the type of
agreement that has been entered into between the parties, which
rules will therefore apply and what defences, if any, may be
available to the defendant. Insurance is also a big issue. Many
insurance companies are stating that damage resulting from the
Millennium Bug will not be covered by existing policies, and
defences such as force majeure and act of God have been raised.
What will happen when these issues come to litigation remains to be
seen. This special issue of the "Comparative Law Yearbook of
International Business" discusses the legal implications of the
Millennium Bug in various countries. It describes the way in which
agreements relating to software are viewed by different
jurisdictions and the possible attribution of liability for damage
caused by the Bug.
The information provided in this book aims to provide a starting
point for foreign investors in their investigation of the
environmental regulations and the related social priorities which
will have an increasing impact on their investment decisions and
strategies. Lawyers from Austria, Australia, Belgium, Canada,
Denmark, England, Finland, France, Germany, Greece, Ireland, Italy,
Norway, Portugal, Spain, Sweden, Switzerland, The Netherlands, and
the United States have combined to provide this analytical overview
of the regulatory schemes and major environmental issues in their
respective jurisdictions. A separate chapter is included on the
rules of the EC.
The concept of the nation-state has as an essential element the
control of territory, legal and political authority over the
acquisition, ownership, use and disposition of land. The rapid
increase during the 1970s in the pace of foreign 1 investment -with
the acquisition of real property as a centerpiece-has stirred new
concern for the ability and disability of aliens to invest in and
acquire title 2 to the physical territory of a given state. With a
variety of factors now stimulating 3 foreign investment in land,
increased attention has been given in many countries to the role of
the state in controlling, inhibiting or prohibiting investment in
real property by aliens. English law long ago established that the
alien would be subject to significant 4 disabilities in connection
with the ownership of land. The imposition of similar 5
restrictions on aliens is found in the early law of most
nation-states. Such disabilities have their roots in the feudal
period, and it was not until the eighteenth century that the
countries of Continental Europe abandoned the absolute 6
prohibition on succession to real property by aliens. The
prohibition was replaced by a tax imposed on aliens who withdrew
the property of the state of which the decedent was a citizen.
Common Law rules restricting alien succession developed in the
thirteenth century.
More than a decade has passed since economist Richard N. Cooper
reflected upon the trend toward increasing economic interdependence
in the international community: During the past decade there has
been a strong trend toward economic interdependence among the
industrial countries. This growing interdependence makes the
successful pursuit of national economic objectives much more
difficult. Broadly speaking, increas ing interdependence
complicates the pursuit of national objectives in three ways.
First, it increases the number and magnitude of the disturbances to
which each country's balance of payments is subjected, and this in
turn diverts policy attention and instruments of policy to the
restoration of external balance. Second, it slows down the process
by which national authorities, each acting on its own, are able to
reach their domestic objectives. Third, the response to greater
integration can involve the community of nations in counter-acting
motions which leave all countries worse off than they need be . . .
J Nothing has occured in the 1970s to suggest that Cooper's
assessment is inaccurate. Indeed, the process which he identified
has accelerated. By the mid-1970s, if one is to mention but one
example, exports accounted for twenty per cent of the combined
gross national product of the Member States of the European
Communities, and exports provided seven per cent of the 2 gross
national product of the United States."
DENNIS CAMPBELL AND MARK MILLER Introduction Within the last
decade, there has been significant expansion in both the frequency
and quantity of direct foreign investment by Western countries and
multinational 1 corporations (MNC's) in the forni of joint ventures
in Eastern Europe. These joint ventures, as well as other forms of
mutual-cooperation trade arrangements, represent positive evidence
of the increasing enthusiasm towards East-West trans actions now
found on both sides of the European frontier. The spirit with which
Western governments and business interests have sought to expand
involvement in the East European market has been well documented.
However, there has been relatively little attention paid to the
extremely important internal changes which have come about within
the foreign-trade policies of the Eastern European coun tries and
which have served to accommodate the growth of trade with the West.
This dramatic increase in direct foreign investment in the form of
joint ventures results primarily from the passage of enabling
legislation in a number of the East European states, legislation
which has facilitated and attracted business invest ment from the
West. Thus, it is opportune to examine and review the policy
reforms and amendments which have been enacted in Eastern Europe
and the Western responses thereto. As a preliminary matter, the
term 'joint venture', as well as other mechanisms for foreign
investment as used here, should be defined and distinguished."
This text examines the increasingly important area of consumer
protection law in an international context. The contributing
authors are legal practitioners and scholars from a variety of
jurisdictions who have focused on the intricacies of consumer
protection in their countries. Consumers are often aware that they
have rights when purchasing, but are not always sure exactly what
those rights are. This book elucidates and clarifies the many
confusing aspects of this area of law, giving special regard to
service standards, testing, advertising claims, trade descriptions
and price controls.
In the past six years, more than 55 countries have begun adopting
UNCITRAL's (United National Commission on International Trade Law)
Model Laws of 1999 and 2001 regarding the use and validity of
e-signatures. Dozens of pieces of legislation and legislative
proposals now exist around the world on the subject of
e-signatures. While the model laws may look the same on paper, in
practice they can vary widely. Finally, you can be certain that
your clients are in compliance when using digital signatures.
The Center for International Legal Studies, in cooperation with
UNCITRAL, has gathered experts in over 25 jurisdictions to analyze
the impact of these standards in their respective domestic
e-commerce regimes. These experts show how the Model Laws are
actually implemented today in each of these countries. Now you can
have on-the-ground feedback about how UNCITRAL's Uniform Rules on
Electronic Signatures, the Model Law on Electronic Commerce 1996,
and the Model Law on Electronic Signatures 2001 are being
implemented.
A must have reference for:
Any lawyer working on a business transaction or contract using the
Internet to exchange forms
Government Lawyers
Intellectual Property Lawyers
Topics covered include:
Application and enforceability of electronic transactions
Defining key terms, including 'writing, ' 'signature, ' and
'original' documents
Legal recognition of data messages
Formation of contracts
Attribution of data messages
Retention of data messages
Trustworthiness of e-signature
Electronic Commerce
Analyzes the global impact of:
UNCITRAL's Uniform Rules on Electronic Signatures
Model Law on Electronic Commerce1996
Model Law on Electronic Signatures 2001
The annual Journal of the International Institute for Law and
Medicine examines legal issues relating to health care, medicinal
products, intellectual property rights in pharmaceuticals, and
liability in North America, Latin America, Europe, Africa, and
Asia.
The Journal is published annually by the International Institute
for Law and Medicine, providing commentary on current issues in the
interplay among law, medicine, and health care by lawyers,
physicians, and health care professionals from countries throughout
the world.
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