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This edition of the Comparative Law Yearbook of International
Business provides ageneral examination of issues vital to the
world's economic recovery. In the field ofcompany law,
practitioners examine changes in Russia's corporate law and the
newUkrainian law governing joint-stock companies. In the area of
competition law, lawyersreview Serbia's and Bulgaria's new laws on
the protection of competition and theprivate enforcement of
Articles 101 and 102 in Europe's national courts.Dispute resolution
occupies two chapters, one dealing with best practices for
draftingarbitration clauses and the other set aside, recognition,
and enforcement of privatecommercial arbitration awards. A further
two chapters treat employment and labormatters relating to
distribution and commercial representation, indemnity
upontermination, and processing personal data in the employment
context in Hungary. Inthe area of financial services, practitioners
from five jurisdictions deal with fiduciaryduty, the European
Commission's proposed Directive on Alternative InvestmentFund
Managers, Swiss disclosure rules on significant shareholdings,
restructuringand refinancing routes for mortgage-secured debt in
Spain, and insurance laws andregulations in Nigeria. Foreign
investment is examined by two authors, reporting on2008 and 2009
developments in investment treaty disputes and foreign investmentin
Indonesia. Intellectual property issues are reviewed in chapters
relating to the useof intellectual property as collateral in
secured financing and intellectual propertylicensing in Canada.
Finally, lawyers treaty a variety of other issues, including the
taxlaw of Liechtenstein, European Union-Israel trade in the
automobile sector, insolvencyrisk and creditors' rights in Peru,
the modernizing of trust law in Hong Kong andbridging cultural
differences in international transactions.
"The Comparative Law Yearbook of International Business", in its
2007 edition, treats two major topic areas: litigation and dispute
resolution and banking and finance. The litigation and dispute
resolution section examines various issues relating to
international arbitration, such as the status of non-signatories,
the employment of electronic discovery, the use of expert evidence,
and costs. It further surveys the recognition of enforcement of
foreign judgments in Italy, developments in litigation in
Australia, Anton Pilar Orders and Internet defamation, and Italian
conflict-of-law rules.The banking and finance section of the
Yearbook examines Austrian capital maintenance rules, bank secrecy
in Israel, and broker-dealer and investment banking strategies.
Miscellaneous articles deal with Mexico's commercial bankruptcy
law, Slovakia's new bankruptcy legislation, trade marks and the
Madrid Protocol, trade mark registration in Hong Kong, franchising
in Italy, data protection, Spanish antitrust legislation, and
cartel enforcement in Australia.
This year's volume of the "Comparative Law Yearbook of
International Business" deals with the subject of Product Liability
Law. This is a growing area, in which, manufacturers and suppliers
are finding themselves more and more responsible for the quality of
their products and for the consequences flowing from any defect
therein. This book discusses a wide variety of topics, which come
under the umbrella of product liability, ranging from liability for
injuries caused by the use of asbestos and other toxic substances
to the responsibility of air carriers in hijack situations. There
is a growing amount of litigation throughout the world tackling the
problems arising from the safety of products. These laws take into
account the manufacturing process, the transportation, storage and
delivery of goods, the intended use of products, their fitness for
such purpose, and any warnings or instructions as to use given to
consumers and end users. This publication also covers the question
of jurisdiction in product-related litigation, particularly in
crossborder transactions. In many instances, a plaintiff will
attempt to bring his action in the United States, due to the large
amount of damages, especially punitive damages, awarded there by
juries in civil actions. Defendants, on the other hand, seek to
counter this by raising issues such forum non conveniens. There
also is the question of state versus federal jurisdiction within
the United States, as well as a discussion focusing on the possible
growth of federalism within the European Union and its impact upon
product liability nationally and at a European level. A comparison
of the divergent cultural attitudes towards property in China and
the United States, including the different emphases placed upon the
ownership and role of property in society, demonstrates the
different views of product liability. Another aspect of defective
goods dealt with here is liability for the recall of a dangerous
product. There is a chain of responsibility stretching from the
manufacturer, trough various levels of suppliers, to the final
retailer of goods, which is obviously important when attempting to
remove dangerous products from the market as quickly as possible,
before they can cause widespread injury to consumers. This has been
shown to be particularly relevant in cases involving automobiles
and food products. Overall, therefore, Product Liability Law is a
vital part of the general law protecting consumers, both on a
national and international basis, which makes this book a very
interesting and useful read for anyone involved in this area.
This text contains chapters covering a variety of legal issues. The
first section deals with contractual matters, including joint
venture contracts, agreements relating to agency, distribution,
licensing and franchising, time sharing and preliminary agreements
regarding the buying and selling of property. The second section
deals with the privatization of former state-owned companies and
monopolies, such as media organizations. Under the heading of
"Corporate Law", joint stock companies, sub-chapter S corporations,
takeovers and new company legislation are discussed. The section on
securities and investment deals, in particular, with the area of
foreign investment, including tax incentives and the regulation of
investments. There is also a section on taxation, which
concentrates on offshore jurisdictions, and a section on general
commercial issues. The topics covered in this final section vary to
include technology transfer, evidential procedures, free trade
areas, the regulation of resources, anti-trust matters, dispute
resolution and new commercial legislation.
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.
This edition of the Comparative Law Yearbook of International
Business surveys issues involved in post-employment
employer-employee relations and the ability of employers to control
the conduct of a former employee. The survey's introductory chapter
provides a general review of issues in the context of multiple
jurisdictions, followed by countryby-country analyses of 17
jurisdictions, encompassing reports on Argentina, Belgium, Canada,
China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Luxembourg,
Mexico, The Netherlands, New Zealand, the Slovak Republic,
Switzerland, and the United Kingdom.
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 edition of the Comparative Law Yearbook of International
Business provides a general examination of issues vital to the
world's economic recovery. In the field of company law,
practitioners examine changes in Russia's corporate law and the new
Ukrainian law governing joint-stock companies. In the area of
competition law, lawyers review Serbia and Bulgaria's new laws on
the protection of competition and the private enforcement of
Articles 101 and 102 in Europe's national courts. Dispute
resolution occupies two chapters, one dealing with best practices
for drafting arbitration clauses and the other set aside,
recognition, and enforcement of private commercial arbitration
awards. A further two chapters treat employment and labor matters
relating to distribution and commercial representation, indemnity
upon termination, and processing personal data in the employment
context of Hungary. In the area of financial services,
practitioners from five jurisdictions deal with fiduciary duty, the
European Commission's proposed Directive on Alternative Investment
Fund Managers, Swiss disclosure rules on significant shareholdings,
restructuring and refinancing routes for mortgage-secured debt in
Spain, and insurance laws and regulations in Nigeria. Foreign
investment is examined by two authors, reporting on 2008 and 2009
developments in investment treaty disputes and foreign investment
in Indonesia. Intellectual property issues are reviewed in chapters
relating to the use of intellectual property as collateral in
secured financing and intellectual property licensing in Canada.
Finally, lawyers treaty a variety of other issues, including the
tax law of Liechtenstein, European Union-Israel trade in the
automobile sector, insolvency risk and creditors' rights in Peru,
the modernizing of trust law in Hong Kong and bridging cultural
differences in international Transactions.
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.
The 2003 Special Issue of the Comparative Law Yearbook of
International Business deals with issues relating to Corporate
Governance. Following a series of scandals involving reporting by
public companies in the United States, there has been an increase
in the number of measures dealing with, among other things, the
liability of directors and managers when submitting company
financial returns. The first and most well-known piece of
legislation to be introduced was, of course, the United States
Sarbanes-Oxley Act of 2002. The Sarbanes-Oxley Act covers matters
including the establishment of audit committees, disclosure
committees, and codes of ethics, with an emphasis upon the
disclosure of information and transparency. It describes, for
example, the principle of 'vicinity of Insolvency' and the relevant
information to be disclosed to shareholders and creditors. The
issue of directors' duties and responsibilities is addressed,
together with the consequences of insider trading and conflicts of
interests. The Act also contains provisions on whistleblowers and
introduces new criminal sanctions for company wrongdoings, as well
as enhancing those penalties already in place. As a result of the
Sarbanes-Oxley Act, many countries have followed suit and adopted
their own measures to combat corporate failings, corruption, and
the misuse of power. Among those covered in this publication are
South Africa, China, a number of eastern and western European
states, and various Asian jurisdictions. Other specific topics
discussed are, inter alia, generally accepted accounting
principles, insolvency, the banking, securities and insurance
industries, foreign issuers, and close private companies.
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.
This yearbook reviews significant legal developments in
international commerce and offers an important forum for legal
practitioners to address and compare practical legal issues of
direct interest to their areas of specialization. Each volume of
the yearbook features a comprehensive range of articles written for
and by leading practitioners and advisers working within the
international business sector. The topics covered in Volume 17, the
new volume for 1995, range from the ethical issues for lawyers
involved in cross-border transactions to insider trading. Several
of the chapters make reference to the growing European Union (EU),
with one chapter focusing particularly on the free movement of
goods throughout the EU's Member States. Competition within the EU
is also dealt with, the provisions of Articles 85 and 86 of the
Treaty of Rome being of particular relevance due to the large
amount of recent case law in this area. There is a large section
dealing with company law matters, including the emergence and
development of new types of corporation, privatization and the
westernization of companies in countries such as China. The
recovery of monies and the enforcement of judgments in this respect
are always issues of high priority in business. The volume thus
discusses these matters in a separate section on debt recovery. The
remainder of the book is divided into parts dealing with finance
and mergers and acquisitions, together with a general commercial
law section. This yearbook has been prepared by specialist
practitioners from all corners of the world for the use of
international business lawyers and their clients.
This volume contains sections on company law, dispute resolution,
employment law, insolvency law, intellectual property law, taxation
and finance and other general commercial issues. There are a number
of chapters which tackle cross-border issues, such as taxation,
jurisdiction and arbitration, while others concentrate on specific
geographical areas, such as the Asia-Pacific region. Some authors
explore problems in the workplace, including the reduction of the
workforce and incidents of racial discrimination within it, issues
of which all employers need to be aware. Also examined are those
subjects which are ever-present in the life of a business, among
them bankruptcy and insolvency, procurement, intellectual property,
investment, contracts and other matters of company law. Other
chapters comprise an in-depth look at the Vienna Convention on the
"International Sale of Goods", a specialized discussion of patent
second medical use claims, an explanation of how criminal sanctions
are being applied to crimes against the environment, a report of
the devaluation and dollarization of an economy and an interesting
insight into the effects of a nation's culture and traditions upon
its legal system. This volume of the yearbook contains chapters on
a wide variety of issues which arise regularly in the commercial
world, but it also contains discussions on more specialized topics.
These will not only be of use to the practitioners and business
people involved in those areas, but should be useful reading for
those who are not and provide an introduction to subjects which
they may find useful in the future.
For centuries, inconsistencies were seen as a hindrance to good
reasoning, and their role in the sciences was ignored. However,
logicians as well as philosophers and historians have shown a
growing interest in the matter. Central to this change were the
advent of paraconsistent logics, the shift in attention from
finished theories to construction processes, and the recognition
that most scientific theories were at some point either internally
inconsistent or incompatible with other accepted findings. The
interest gave rise to important questions. How is "logical anarchy"
avoided? Is it ever rational to accept an inconsistent theory? In
what sense, if any, can inconsistent theories be considered as
true? This collection of papers examines such questions. It
contains case studies as well as philosophical analyses, and
presents an excellent overview of the different approaches in the
domain.
This year's volume of the "Comparative Law Yearbook of
International Business deals with various aspects of the
arbitration process. Some of the areas covered include the
appointment of arbitrators, the points to be borne in mind by
arbitrators during the conduct of arbitral proceedings, the
evidentiary procedures involved in arbitration, and the advantages
and disadvantages of arbitration when pitted against conventional
litigation. Crucial to any successful arbitration is good
preparation, in particular the setting down in an arbitral
agreement of the intentions of the parties with regard to any
future disputes that may arise between them. Ideally, the parties
should agree, "inter alia, upon the type of arbitration, the choice
of law, the "situs, and the number and appointment of arbitrators.
The appointment of the arbitrators is a very important
consideration in the conduct of an arbitration procedure. First,
one must decide whether a sole arbitrator or a panel of three or
more arbitrators is preferable in the specific circumstances,
taking into account such criteria as cost, time, complexity of the
issue, and the experience of the arbitrators. These points also, of
course, have a bearing upon whether one chooses to arbitrate in the
first place or whether litigation would be a more suitable route.
Various factors in making these decisions are discussed in detail
by the authors in this volume, and much valuable guidance is given
to those involved in the arbitration process.
The twenty-third volume of the "Comparative Law Yearbook of
International Business contains chapters relating to agency and
distribution, finance and investment, intellectual property, sports
law, technology, and general commercial issues. The spread of
jurisdictions treated includes Argentina, Canada, the Dominican
Republic, Egypt, Italy, Panama, Portugal, Romania, Spain,
Switzerland, the United States, and Venezuela. The range of
subjects and jurisdictions in volume twenty-three attests to the
diversity and scope of international business practice.
The current volume of the Comparative Law Yearbook of International
Business addresses a variety of issues relating to the regulation
of business entities and investment, as well as a range of general
issues In the fields of business entities and investment,
practitioners from Panama, Brazil, Chile, Russia, Gibraltar,
Canada, Singapore, Romania, Indonesia, and Hong Kong examine
protection of minority shareholders, antitrust and competition law,
securities regulation, corporate taxation, fund administration and
management, joint ventures, protection of foreign investment,
regulation of mutual funds, and corporate governance. Commentators
from Nigeria, the United States, Japan, Spain, and The Netherlands
also review issues relating to copyright and trade mark protection,
court jurisdiction, insolvency, and telecommunications.
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Employment Law (Hardcover)
Dennis Campbell; Volume editing by Antonida Alibekova
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R8,592
Discovery Miles 85 920
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Ships in 12 - 17 working days
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With issues such as immigration and globalization triggering social
and legislative adjustments in all major legal systems, labor and
employment law is particularly susceptible to change. In this
special issue of the "Comparative Law Yearbook of International
Business", practitioners who are specialized in labor and
employment law provide reports on developments in national systems
such as Australia, Canada, Chile, the Czech Republic, France,
Germany, Greece, Japan, and New Zealand and examine selected issues
in the Czech Republic (termination of employment), Latvia (transfer
of undertakings), the United States (ranging from sexual harassment
in the work place and the ability of partners and share holders to
sue employers to employee dress code), and Ukraine (hiring and
dismissal procedures).
This index of the "Comparative Law Yearbook of International
Business" is organized for ease of use according to well-recognized
subject categories. It lists all articles published from the
inception of the Yearbook and provides information about the
authors, the main topic headings that appear within each article,
and the volume and page number where the articles can be found. The
"Cumulative Index" also contains a table of contents and an
authors' index. It facilitates research on all subject matter
covered in this series. This is the second Cumulative Index. It
covers all published articles from its inception in 1977 (then
known as the Comparative Law Yearbook) to 1996. A new edition will
be published in approximately three years.
The authors of this work are tax specialists representing both
high-tax and low-tax jurisdictions. They address tax issues that
impact business enterprises as well as individuals, presenting a
sampling of issues, each addressed by a commentator whose practice
deals directly with such matters on a regular basis. Countries
covered are: Austria, France, Germany, Gibraltar, Italy,
Liechtenstein, Spain, Switzerland, the Netherlands and the
Netherlands Antilles, and the USA. The reader will find a range of
useful information, not only on the complexity of international
taxation, but also its potential for the resolution of conflicts
and the mitigation of unfair tax burdens through amortization and
international co-operation.
This text reviews significant legal developments in international
commerce and offers a forum for legal practitioners to address and
compare practical legal issues of direct interest to their areas of
specialization. Each volume of the Yearbook features a range of
articles written for and by leading practitioners and advisors
working within the international business sector. It contains
sections on banking and finance, company law, trading practices and
general commercial issues. Financial issues such as foreign
investment and taxation are covered, together with the topic of
documentary credits and several banking issues. In the company law
section, subjects such as liquidation, shareholdings and directors'
rights and liabilities are discussed. The heading of general
commercial issues covers such topics as the shipping of goods,
timeshare agreements, forfeiture of property, standardized
contracts and intellectual property.
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