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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.
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.
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.
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.
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.
This special issue of the Comparative Law Yearbook of International
Business examines a variety of issues relating to international
dispute resolution. National systems such as Brazil, England and
Wales, Hong Kong, India, Italy, Slovakia, the United States, are
reviewed. The treatment of special issues ranges from document
production, discovery, and ethics to public policy,
telecommunications contracts, and expatriate employees. Finally,
the issue surveys various topics, dealing with matters such as the
general principles of law, international rules, international
contract law, consolidation and class actions, and enforcement of
arbitral awards.
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.
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Employment Law (Hardcover)
Dennis Campbell; Volume editing by Antonida Alibekova
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R7,158
Discovery Miles 71 580
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Ships in 10 - 15 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).
"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.
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 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.
The 2005 Special Issue of the "Comparative Law Yearbook of
International Business" addresses issues relating to security in
immovables. Each Chapter contains an overview of the security in
immovables laws of a particular country. The laws vary widely among
the countries; the word immovable (or real property in Common Law
jurisdictions) even has different definitions in different
countries. Crossborder transactions involving immovables are
integral to international business dealings. This publication
provides a general overview of the methods by which immovables are
secured in various countries, and each chapter contains details
such as the priority granted creditors and openness of the land
registers. Each chapter contains a country-specific explanation of
the method by which one obtains a mortgage, lien, or similar
security, and an exploration of the possible problems that might
arise during Such a process. In addition, special attention is
given to the obstacles facing non-nationals interested in buying
immovables. The book evidences the varied attitudes at governments
towards the purchase of immovables by non-nationals. In some
countries, such as The Philippines, non-nationals are prohibited
from buying land. Other countries, such as the Slovak Republic,
allow foreign acquisition of nearly any immovable, only forbidding
purchase of items that no private citizen can own, such as the
country's rivers. This publication reflects recent developments in
security in immovables, especially in Eastern Europe. The chapter
on immovables in Ukraine is based on the country's new property
laws, passed in 2004. The chapters on the Czech Republic, the
Slovak Republic and Hungary all reflect the changes brought by
accession to the European Union. The acquisition of property in a
foreign country is an integral facet of international business and
practitioners will find this publication's in-depth instructions
for the purchase of security in immovables useful as it pertains to
individual countries. In addition to showing practitioners how
transactions work for individual countries, readers will be able to
compare diverse legal regimes to find the one most favorable for
their particular business transactions.
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.
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