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Showing 1 - 5 of 5 matches in All Departments
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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