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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.
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 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.
The 2003 volume of the Comparative Law Yearbook of International
Business deals with a variety of topics in the field of commercial
law. These range from mergers in Nigeria and joint ventures in
Thailand and Hungary to the fight against corruption on an
international level, as well as corporate fraud in the United
States, with attention being focused upon the new Sarbanes-Oxley
Act of 2002. Some authors have dealt with subjects that involve
finance, such as foreign investment in e-commerce in China,
employees' stock purchases and option plans in the United States,
pension funds in Nigeria and preferential tax regimes in Madeira.
There is also a review of the Agreement on Trade-Related Investment
Measures. Other popular areas of commercial law that are covered in
this volume include consumer protection in Bulgaria and alternative
dispute resolution. Arbitration in Paraguay is discussed, along
with the conducting of mediation by legal professionals. In
addition, European Union law arises in relation to the likelihood
of association, with another chapter detailing the economic
association between Mexico and the European Union. The Commentators
in this book are leading professionals in their respective fields
and the interesting mix of topics should be of value to those
involved in business in the international arena and their legal
advisers.
The special issue of the "Comparative Law Yearbook of international
Business deals with the very topical subject of e-commerce. This is
an area that has seen an explosion of interest in recent years but,
since the increase in the use of the Internet as a vehicle for
conducting business transactions has been so rapid, the law has
again fallen behind, particularly in the areas of regulation and
jurisdiction. The situation is changing, however, with the
introduction of both national and international legislation dealing
with issues and relating to, "inter alia, data protection, privacy,
electronic signatures, consumer protection and morality. The
authors in this volume provide commetaries on the most recent
developments in various jurisdictions, including the approach of
the European Union to the problems raised by e-commerce. They
discuss the difficulties in relation to jurisdiction arising from
the global nature of Internet and the possibilities for dispute
resolution between multi national parties to an electronic
transaction. The topic is obviously one that will require much
attention in the coming years and one which will need strict
regulation if electronic commerce is destined to become the trading
medium of the future.
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