Kluwer Law International titles published 2018 onwards
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2
9789041127334
UNCITRAL Arbitration
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorJan PaulssonPaulsson, JanAuthor
Georgios Petrochilos
Petrochilos, Georgios
18615220520180220668
LAW051000,*LAW006000
<p>The UNCITRAL Arbitration Rules have proved instrumental to the effective resolution of transborder, commercial, investment-treaty, and inter-State disputes. This book, by two leading scholars and practitioners whose 2006 joint report began the process that led to the first ever revision of the Arbitration Rules in 2010, and who were key contributors in the revision process at UNCITRAL thereafter, is the only article-by-article commentary of both the generic 2010 Rules and the Transparency Rules of 2013.</p>
<p>Extensively referring to the UNCITRAL travaux préparatoires, the book considers:</p>
<ul>
<li>• the principal legislative intent behind each new or revised article – or, in respect of those articles which remain unchanged, the reasons for the absence of revision;</li>
<li>• where an article is revised, or entirely new provisions are introduced, an explanation of the issues that the revision intended to address; and</li>
<li>• an analysis of the discrete issues that arise in respect of each article.</li>
</ul>
<p>The authors make reference not only to academic literature and case law, but also to other commonly used Arbitration Rules and the practice under those Rules.</p>
<p>More than a matchless guide to practice, this deeply informed resource offers a comprehensive understanding of both sets of UNCITRAL Rules. This book serves as the pre-eminent commentary and analysis on the UNCITRAL Arbitration Rules and the Transparency Rules.</p>
06 Professional and scholarly
668
3
9789041150165
International Arbitration in the United States
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Laurence Shore
Shore, Laurence
Author
Lawrence Schaner
Schaner, Lawrence
Author
Mara V. J. Senn
Senn, Mara V. J.
Author
Tai-Heng Cheng
Cheng, Tai-Heng
Author
Jenella La Chiusa
La Chiusa, Jenella
22518424920180118860LAW006000<p>International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for &ldquo;private justice&rdquo; with vital judicial reassurance on U.S. courts&rsquo; highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following:</p> <ul> <li>institutions and institutional rules that practitioners typically use;</li> <li>ethical considerations;</li> <li>costs and fees;</li> <li>provisional measures; and</li> <li>confidentiality.</li> </ul> <p>There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.</p> <p><strong>How this will help you:</strong></p> <p>As a topical reach that gives a wide perspective on the practice of international arbitration in the U.S., this book helps practitioners to conduct and navigate an international arbitration in the U.S. confidently. The in-depth discussion of law of international arbitration, including legal framework applicable in the U.S. in each stage of arbitration, from drafting of arbitration agreements to enforcement of arbitration awards, has not been attempted by any other publication. This book, thus, serves as an invaluable resource to both U.S. and non-U.S. lawyers for conducting arbitration on U.S.</p>
06 Professional and scholarly
860
4
9789041154118
The Law of the European Union and the European Communities
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Pieter Jan Kuijper
1751431932018102651600
LAW051000,*LAW014000
<p><strong>About the editors:</strong></p> <ul> <li>Pieter Jan Kuijper is Professor of the Law of International (Economic) Organizations at the Faculty of Law of the University of Amsterdam, the Netherlands.</li> <li>Fabian Amtenbrink is Professor of European Union Law at the Erasmus School of Law, Erasmus University, Rotterdam, the Netherlands.</li> <li>Deirdre Curtin is Professor of European Union Law at the European University Institute, Italy, and Professor at the Faculty of Law at the University of Amsterdam, the Netherlands.</li> <li>Bruno De Witte is Professor of European Law at Maastricht University, the Netherlands.</li> <li>Alison McDonnell is Managing Editor of Common Market Law Review and member of the Europa Institute at the Leiden Law School, University of Leiden, the Netherlands.</li> <li>Stefaan Van den Bogaert is Professor of European Law and Director of the Europa Institute at Leiden Law School, Leiden Law School, the Netherlands.</li> </ul> <p><strong>About this book:</strong></p> <p><br /> The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following:</p> <ul> <li>powers and functions of the EU law institutions and relationship among them;</li> <li>the principles of equality, loyalty, subsidiarity, and proportionality;</li> <li>free movement of persons, goods, services, and capital;</li> <li>mechanisms of constitutional change &ndash; treaty revisions, accession treaties, withdrawal agreements;</li> <li>budgetary principles and procedures;</li> <li>State aid rules;</li> <li>effect of Union law in national legal systems;</li> <li>coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law;</li> <li>migration and asylum law;</li> <li>liability of Member States for damage suffered by individuals;</li> <li>competition law &ndash; cartels, abuse of dominant position, merger control;</li> <li>social policy, equal pay, and equal treatment;</li> <li>environmental policy, consumer protection, public health, cultural policy, education, and tourism;</li> <li>nature of EU citizenship, its acquisition, and loss; and</li> <li>law and policy of the EU&rsquo;s external relations.</li> </ul> <p>The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework.</p> <p><strong>How this will help you:</strong></p> <p><br /> The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.</p> <p><strong>Editors:</strong><br /> Pieter Jan Kuijper, Fabian Amtenbrink, Deirdre Curtin, Bruno De Witte, Alison McDonnell, and Stefaan Van den Bogaert</p>
06 Professional and scholarly
1600
5
9789041160607
Introduction to Space Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Tanja Masson-Zwaan
Masson-Zwaan, Tanja
Author
Mahulena Hofmann
Hofmann, Mahulena
11090121201901114248
LAW051000,*LAW002000
<p><strong>About this book:</strong><br /> <strong>Introduction to Space Law</strong> is a completely revised edition since the previous version of 2008, providing a concise and structured analysis of legal aspects of both traditional and more recent space activities. The relevance and substance of space law as a branch of public international law continues to expand. The fourth edition of this long-time classic in the field of space law has been substantially rewritten to reflect new developments in space law and technology of the past ten years, but the main structure of the original book has been preserved. This updated text includes new or expanded material on the proliferation of non-state and commercial entities as space actors, the appearance of innovations in space technology, the evolving international law of satellite telecommunications in a networked world, and the adoption of national laws and international soft law mechanisms that complement the international treaty regime.</p> <p><strong>What&rsquo;s in this book:</strong><br /> In this up-to-date overview of space law, the authors offer a clear analysis of the legal challenges that play a role in new and traditional areas of space activity including the following:</p> <ul> <li>the peaceful uses of outer space;</li> <li>protection of the space environment;</li> <li>the emergence of new legal mechanisms in space law;</li> <li>the role of Europe in space;</li> <li>telecommunications;</li> <li>the commercial use of space resources;</li> <li>human space flight;</li> <li>small satellites;</li> <li>remote sensing; and</li> <li>global navigation satellite systems.</li> </ul> <p>The five United Nations Treaties on space are included as Annexes for easy reference by students and professionals alike.</p> <p><strong>How this will help you:</strong><br /> In light of the many new developments in the field, this thoroughly updated fourth edition provides a clear overview of the legal aspects of a wide array of current and emerging space activities. Lawyers, policymakers, diplomats, students, and professionals in the telecommunication and aerospace sectors, with or without a legal background, will find concise yet comprehensive guidance in this book that will help them understand and address legal issues in the ever-changing field of space activities.</p>
06 Professional and scholarly
248
6
9789041162465
Margin Squeeze in the Electronic Communications Sector
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Anna Renata Pisarkiewicz
Pisarkiewicz, Anna Renata
14912216520180716378LAW005000<p>Margin squeeze is a form of abuse of a dominant position in which a vertically integrated company reduces the margin between the price charged to competitors and the price charged to consumers, which can have the effect of excluding a competitor from the market. In the decade or so since the liberalisation of network industries, margin squeeze has become a major source of concern among competition authorities and courts, particularly pronounced in the electronic communications sector. Because some of the adopted decisions show significant inconsistencies in approach, and legal certainty remains elusive in this area, this book which provides an extremely thorough analysis is both timely and of great practical value. The author provides an in-depth examination of margin squeeze allegations in the electronic communications sector with a view to developing a more advanced and comprehensive analysis of principles which should guide ex post assessment of margin squeeze. Issues and topics covered include:</p>
<ul>
<li>– scope of intervention in margin squeeze cases both for national regulatory and national competition authorities;</li>
<li>– conditions for sanctioning margin squeeze under Article 102;</li>
<li>– methodological and practical difficulties in identifying a margin squeeze;</li>
<li>– methodology employed in margin squeeze cases and its regulatory aspects;</li>
<li>– assessment of the ability and incentives of regulated firms to engage in a margin squeeze; and</li>
<li>– situations when competition law is used to address the deficits of regulation and regulatory failures.</li>
</ul>
<p>It also includes a critical comparison of the vertical foreclosure analysis undertaken in margin squeeze cases with the approach adopted in the EU Non-Horizontal Merger Guidelines. Throughout the analysis, margin squeeze treatment in the European Union and its Member States is examined in light of the diverging approach adopted by the US Supreme Court.</p>
<p>The increasing complexity of the electronic communications market can only further confound an already complex assessment of price squeezes, and one can expect that claims of anticompetitive margin squeeze in liberalised network industries will continue to be high on the enforcement agenda of competition authorities for years to come. In light of the need for a coherent, or at least predictable, sentencing policy to provide relative legal certainty, the research in this book proves invaluable. The analysis and conclusions discussed in this book will be welcomed by policymakers, regulators, and lawyers working in the areas of competition law and electronic communications law.</p>
06 Professional and scholarly
378
7
9789041167361Mediation
Creating Value in International IP Disputes
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Theophile Margellos
Margellos, Theophile
Edited bySophia Bonne
Bonne, Sophia
Edited by
Gordon Humphreys
Humphreys, Gordon
Edited by
Sven Sturmann
Sturmann, Sven
15913017520180326288
LAW050000,LAW051000,*LAW006000
<p><strong>About this book:</strong></p> <p><strong>Mediation: Creating Value in International Intellectual Property Disputes</strong> offers readers key information, incentives and tips to make an informed decision on the use of mediation in the IP area. Mediation is a risk management tool that can significantly mitigate inherent litigation risks, leaving companies free to concentrate on the core business of developing markets for their products and services. If and when disputes arise, mediation provides the means to handle them confidentially and thus keeps them out of the public domain. This book is the first work of its type devoted to the practical A to Z of IP mediation. Disputes about IP rights are frequently multinational, with allegations of infringement and arguments about validity and ownership spanning numerous jurisdictions. As an alternative to expensive, risk-prone and time-consuming litigation, out-of-court settlements conducted through mediation are becoming more common, with the added advantage that they are not tied to the geographical scope of the IP rights at stake.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>With numerous case study examples demonstrating the kind of challenges that arise, and how they can be met, a team of internationally recognized mediators and IP experts offers an in-depth discussion of how mediation mitigates difficulties in such IP areas as the following:</p> <ul> <li>disputes on trademarks, designs, patents, copyrights and other IP rights;</li> <li>allegations of breach of contract;</li> <li>licences and transfers; and</li> <li>R&amp;D cooperation agreements.</li> </ul> <p>The authors provide analysis and recommendations about drafting settlement agreements, including standard clauses and enforcement, as well as an overview of the main mediation services used to settle IP disputes. This book also includes a discussion on the roles of the mediator, the parties and the lawyers, and how they can properly prepare themselves to maximize the benefits of mediation.</p> <p><strong>How this will help you:</strong></p> <p>This book shows how mediation offers a dispute resolution process at a human level, where parties can not only discuss and resolve their differences but also create added value to the existing IP rights and the business surrounding them. Its practical approach will be warmly welcomed by lawyers, both in-house and outside counsels, IP professionals in general and rights holders and licensees, introducing them to the new possibilities that mediation offers and how they can best avail themselves of those opportunities.</p>
06 Professional and scholarly
288
8
9789041168924
International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorPeter BinderBinder, Peter2952423262019042241128
LAW003000,LAW014010,*LAW006000
<p><strong>International Commercial Arbitration and Mediation in UNCITRAL Model Law Jurisdictions</strong></p> <p>Fourth Edition</p> <p><em>Dr</em><em> Peter Binder</em></p> <p>This new edition of a classic text is so extensively revised and updated as to constitute a new book. It does, however, retain the tried and tested article-by-article structure of the previous three editions: it covers all the information needed when contemplating cross-border arbitration or mediation and enables a practitioner to ascertain what to expect in each jurisdiction. It remains the only book that provides a complete overview of all the adopting jurisdictions (now 111) at one glance, with a description of the legislation in these jurisdictions counterbalanced by court rulings to demonstrate how matters are dealt with in everyday practice. The popular adoption chart matrix unique to this book has been further enhanced and updated.</p> <p>Featuring the first full commentary on the newly released 2018 UNCITRAL Model Law on International Commercial Mediation (including its revolutionary regime for the enforcement of settlement agreements reached by means of mediation) and an update of all case law on UNCITRAL texts (CLOUT) to date, the fourth edition provides explicit expert guidance on such matters as the following:</p> <ul> <li>overview of each jurisdiction that has enacted the Model Laws;</li> <li>provisions in a particular national Model Law enactment to be watched out for;</li> <li>how a particular issue dealt with in a Model Law enacting jurisdiction has been handled by local courts; and</li> <li>which jurisdictions can be safely recommended in arbitration or mediation clauses in international commercial agreements.</li> </ul> <p>Both of the Model Laws are reproduced in full in an appendix.</p> <p>With an examination of each provision&rsquo;s legislative history as well as national and subnational adoptions of the Model Laws, this work provides a complete picture of global practice in international arbitration and mediation as it exists today, taking full account of emerging trends in the enactment process and in case law. Business people who agree to arbitrate in one of the 111 recognized Model Law jurisdictions can rely on a secure minimum of rights in the arbitral proceedings and run less risk of being surprised by unwelcome peculiarities of local law. International litigation lawyers, arbitrators, and in-house lawyers who are considering arbitrating or mediating in one of the 111 jurisdictions analysed, academics in international ADR, and national government officials dealing with cross-border trade will benefit enormously from this new edition.</p>
06 Professional and scholarly
1128
9
9789041170057
International Commercial Agreements and Electronic Commerce
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorWilliam FoxFox, William163133180201803266464
LAW051000,*LAW014010
<p><strong>About this book:</strong></p> <p><strong>International Commercial Agreements and Electronic Commerce</strong> provides guidance on drafting and negotiating international business contracts and resolving contractual disputes, including contracts formed by electronic commerce. Although negotiation still lies at the heart of international commercial agreements, much of the drafting and other details have migrated to the Internet where most of the work is done electronically. This incomparable one-volume work&mdash;now in its sixth edition&mdash;with its deeply informed emphasis on both the face-to-face and electronic components of setting up, negotiating, and implementing an international commercial agreement stands alone among contract drafting guides and proves its enduring worth.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>Following its established highly practical format, the book&rsquo;s much-appreciated precise information on a wide variety of issues&mdash;including those pertaining to intellectual property, alternative dispute resolution, and regional differences&mdash;is of course still here in this new edition. In addition, there is new and updated material on such matters as the following:</p> <ul> <li>the need for contract drafters to understand and use the concepts of &ldquo;standardization&rdquo; (i.e., the work of the International Organization for Standardization (ISO) as a contract drafting tool);</li> <li>new developments and technical progress in e-commerce;</li> <li>new developments in artificial intelligence in contract drafting;</li> <li>the possible use of electronic currencies such as Bitcoin as a payment device;</li> <li>foreign direct investment;</li> <li>special considerations inherent in drafting licensing agreements;</li> <li>online dispute resolution, including the innovations referred to as the &ldquo;robot&rdquo; arbitrator;</li> <li>changes in the arbitration rules of major international organizations; and</li> <li>assessment of possible future trends in international commercial arrangements.</li> </ul> <p>Each chapter provides numerous references to additional sources, including a large number of websites. Materials from and citations to appropriate literature in languages other than English are also included.</p> <p><strong>How this will help you:</strong></p> <p>In its recognition that a business executive entering into an international commercial transaction is mainly interested in drafting an agreement that satisfies all of the parties and that will be performed as promised, this superb guide will immeasurably assist any lawyer or practitioner to plan and carry out individual transactions even when that person is not interested in a full-blown understanding of the entire landscape of international contracts. Business executives who are not lawyers will find that this book gives them the understanding and perspective necessary to work effectively with the legal experts.</p>
06 Professional and scholarly
464
10
9789041182333
Trade Agreements, Investment Protection and Dispute Settlement in Latin America
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Belen Olmos Giupponi
Olmos Giupponi, Belen
<p><b>Dr Belén Olmos Giupponi</b> is an Associate Professor of Law at Kingston University London, England and obtained PhD in International Law – University Carlos III of Madrid, Spain (2004 – Suma Cum Laude); she holds an LLM in Human Rights (University Carlos III) and an MA in International Relations. From 2007 to 2009 she was a Max Weber Postdoctoral Fellow at the European University Institute, Italy. Throughout her career, Dr Olmos Giupponi has undertaken research in EU law, international economic law, human rights and environmental law. Her research lies at the intersection between these different areas of law. She has advised governments, nongovernmental organizations and international organizations on these topics. She has worked across many sectors and issues, including dispute settlement in free trade and investment agreements, sustainable development, climate change, inequality and judicial reform.</p>
<p>Andreas R. Ziegler is currently a Professor of International Law at the University of Lausanne. Previously he was a civil servant working for several Swiss Ministries (Foreign Affairs, Trade) and international organizations (EFTA, EU). He has widely published on international and European law (including 'International Economic Law', 4th edition, Thomson Reuters, forthcoming in 2019), regularly advises Governments, International Organizations, NGOs and private clients and has represented them before various domestic and international courts and arbitral tribunals. He is on the permanent roster of panellists of the WTO and ICSID.</p>
20416722520190111448
LAW006000,LAW051000,*LAW014010
<p><strong>Trade Agreements, Investment Protection and Dispute Settlement in Latin America</strong> analyses the evolution and current landscape of dispute settlement in trade and investment agreements in the Americas. In recent years many Latin American countries have liberalized their trade and investment regimes, opening their markets to free international trade. At the same time, regional economic integration has boomed. This book is the first systematic analysis in any language of these globally significant developments, and the first comprehensive legal study of dispute settlement relating to foreign direct investment and trade in the region. The book looks beyond focusing on formalized dispute settlement mechanisms to underline other techniques such as alternative dispute resolution channels, including dispute prevention practices. In proposing solutions to the current challenges, the book taps into the precedents and practice, stressing the relevant domestic and international case law on dispute resolution applicable to these treaties.</p> <p><strong>What&rsquo;s in this book:</strong><br /> Undertaken by an expert in the field, this study describes the current institutional framework of Latin American trade and investment law as well as specialized legal issues in the region&rsquo;s various economic blocs. Among the many issues and topics raised, the following may be mentioned:</p> <ul> <li>questions of compliance and procedure in the context of today&rsquo;s international investment regime;</li> <li>formalized dispute settlement mechanisms;</li> <li>alternative dispute resolution channels, including dispute prevention practices;</li> <li>legitimacy and transparency of the various dispute settlement mechanisms;</li> <li>inclusion of social clauses in trade and investment agreements; and</li> <li>avoidance of investment treaty liability.</li> </ul> <p>In order to offer a most accurate view of the effectiveness of the protection granted to foreign investors, special attention is given to relevant case law &ndash; completely covering the period 1985&ndash;2015 &ndash; as well as arbitral precedents before international bodies and in jurisdictions across the region. The book concludes with a critical examination of the future prospects of international economic law dispute settlement in the Americas, pinpointing current trends and unveiling future possible avenues for change</p> <p><strong>How this will help you:</strong><br /> As an in-depth explication of how the rules and principles of international economic law are applied in Latin America, this book has no peers. For practitioners drafting business agreements with Latin American companies, or needing to ensure availability of appropriate remedies, this book&rsquo;s detailed insight into international litigation in the region, including case law illustrating the main topics, will prove to be of immeasurable value. Professionals in the arbitral community worldwide, as well as governments, dedicated research centres, and officials in international organizations will welcome this book&rsquo;s model for comparative integration studies, systematic guidance on procedure and case law of domestic and international courts and arbitral tribunals, and extensive treatment of dispute settlement mechanisms in trade and investment agreements.</p>
06 Professional and scholarly
448
11
9789041183699
EU Copyright Law
Subsistence, Exploitation and Protection of Rights
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Morten Rosenmeier
Rosenmeier, Morten
Author
Kacper Szkalej
Szkalej, Kacper
AuthorSanna WolkWolk, Sanna1209813220190315216
LAW050010,*LAW096000
<p><strong>EU Copyright Law</strong></p> <p>Subsistence, Exploitation and Protection of Rights</p> <p><em>Morten Rosenmeier, Kacper Szkalej </em><em>and</em><em> Sanna Wolk</em></p> <p>Against a background in which technology continues to change the ways we create, use, distribute and consume cultural content &ndash; and where there has been a noticeable increase in the body of case law of Court of Justice of the European Union (CJEU) relating to copyright &ndash; copyright protection has become an essential component of the knowledge-based economy and the information society. This book, structured around the various rights and issues rather than the legislative instruments, greatly facilitates an understanding of the complex legal area of European Union (EU) copyright law and provides for a more conscious application of these rules.</p> <p>Among the issues and topics covered are the following:</p> <ul> <li>the CJEU&rsquo;s interpretation of EU copyright law and application of fundamental rights;</li> <li>authorship and ownership of copyright;</li> <li>protection of computer programs and databases;</li> <li>scope of exclusive rights, such as communication to the public and distribution, including rental and lending;</li> <li>application of limitations and exceptions;</li> <li>cross-border access to online content services;</li> <li>digital exhaustion of copyright; and</li> <li>enforcement of copyright and cross-border issues;</li> </ul> <p>With its practical approach to the substance of the various legal rules and principles both at EU level and in the various EU Member States, the book clearly describes in detail how copyright law functions throughout the EU. Professionals, business entities and academics who must be familiar with this dynamic legal area, especially in the digital environment, will benefit greatly from the book&rsquo;s clear consideration of legal questions that arise in connection with copyright issues.</p> <p>&nbsp;</p>
06 Professional and scholarly
216
12
9789041184009
Introduction to Investor-State Arbitration
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorYves DerainsDerains, YvesAuthor
Josefa Sicard-Mirabal
Sicard-Mirabal, Josefa
16013117720181017304
LAW009000,LAW051000,*LAW006000
<p><strong>About this book:</strong></p> <p><strong>Introduction to Investor-State Arbitration</strong> focuses on sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory manner while drawing attention to important cases. Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral&nbsp; investment treaty or a multilateral treaty such as the Energy Charter Treaty and the North American Free Trade Agreement, as well as public contracts.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following:</p> <ul> <li>consent to jurisdiction;</li> <li>State responsibility;</li> <li>possible conflict of interests;</li> <li>mechanisms for reviewing an award;</li> <li>damages and costs; and</li> <li>enforcement.</li> </ul> <p>The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions highlighting special distinguishing features of investor-State arbitration disputes, including the notion of investment, nationality, consent to jurisdiction, State responsibility and damages.<br /> &nbsp;<br /> <strong>How this will help you:</strong></p> <p>Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students. Articulating essential and complex principles and concepts of investor-State arbitration in a straightforward and uncomplicated manner, this book will cater to common and civil law students and interested individuals thus making it easier for the reader to comprehend.</p>
06 Professional and scholarly
304
13
9789041184030
Between the Lines of the Vienna Convention?
Canons and Other Principles of Interpretation in Public International Law
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Joseph Klingler
Klingler, Joseph
Edited by
Yuri Parkhomenko
Parkhomenko, Yuri
Edited by
Constantinos Salonidis
Salonidis, Constantinos
20416722520181211472
LAW051000,*LAW006000
<p><strong>About this book:</strong><br /> <strong>Between the Lines of the Vienna Convention? </strong>is a uniquely useful handbook that analyses certain particularly recognizable canons and principles of interpretation that are not expressly codified in the Vienna Convention, but that are arguably still authorized &lsquo;between the lines&rsquo;. This volume represents the first modern, freestanding analysis of such canons and principles, their utility in public international law, their role in treaty interpretation and their relationship with the Vienna Convention regime.</p> <p><strong>What&rsquo;s in this book:</strong><br /> A top-flight roster of respected scholars and practitioners of public international law offers an in-depth examination of, among other things:</p> <ul> <li>the origins of canons and interpretive principles;</li> <li>their utility and limits in treaty interpretation; and</li> <li>the application of numerous individual canons and interpretive principles, including <em>effet utile, </em><em>expressio</em><em> </em><em>unius</em><em>, lex </em><em>specialis</em><em>, </em><em>ejusdem</em><em> </em><em>generis</em><em>, in </em><em>dubio</em><em> </em><em>mitius</em><em>, in pari materia, ex </em><em>abundante</em><em> </em><em>cautela</em>, the principles of contemporaneity and evolutive interpretation and more.</li> </ul> <p><strong>How this will help you:</strong><br /> Extensive analysis of case law and scholarship provides insightful interpretive guidance across virtually every subfield of public international law. With its valuable insights into when the application of particular canons or principles of interpretation is most likely to be appropriate and persuasive, the volume will be of great value to lawyers representing parties (whether states, corporations or individuals) before international dispute resolution bodies, as well as to judges and arbitrators, legal officials at ministries of foreign affairs and scholars of public international law.</p>
06 Professional and scholarly
472
14
9789041184764
The Public International Law of Taxation
Text, Cases and Materials
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Asif H. Qureshi
Qureshi , Asif H.
AuthorAjay KumarKumar, Ajay208171230201905222660
LAW109000,LAW051000,*LAW086000
<p>The phenomenal internationalization of taxation occurring in recent years has called for a second edition of this classic handbook. Even though a quarter of a century has passed, the farsighted first edition has remained in constant use worldwide and has even grown in importance. Now it has been thoroughly updated by the author, who has brought his piercing insight to bear on the current world of international tax law while retaining the book&rsquo;s practical format,&nbsp; structure of primary materials, and detailed commentary.</p> <p>Emphasizing the need for an international consciousness in relation to issues of taxation, Professor Qureshi focuses extensively on the problems associated with fiscal jurisdiction, international constraints in domestic taxation, double taxation, and tax evasion and avoidance. In particular the following are covered:</p> <ul> <li>treaty law with specific reference to taxation;</li> <li>fiscal aspects of international monetary, investment, and trade law;</li> <li>enforcement of international tax claims;</li> <li>exchange of information;</li> <li>assistance in recovery of tax claims;</li> <li>mechanisms for the resolution of international tax disputes;</li> <li>base erosion and profit shifting in the framework of public international law; and</li> <li>contribution of international institutions to fiscal capacity development.</li> </ul> <p>Assimilating in one source the basic materials in public international law germane to taxation &ndash; including cases, texts of international agreements, discourse in secondary sources, and incisive commentary, all updated to the present &ndash; this new edition of the most authoritative and important book in its field will be of immeasurable value to tax practitioners worldwide, national taxation authorities, international institutions, and the international tax community more generally.</p>
06 Professional and scholarly
660
15
9789041185907
The European Convention on International Commercial Arbitration
A Commentary
Wolters Kluwer
Kluwer Law International
BB HardbackEdited byGerold ZeilerZeiler, Gerold
<p><b>Gerold Zeiler</b> is a partner at zeiler.partners and an expert in national and international dispute resolution, with a strong focus on international commercial arbitration and complex litigation. He has represented clients and served as arbitrator in domestic and international arbitration proceedings—more than 200 at the last count and is a seasoned litigator before Austrian courts. In 2018, the ICC World Council appointed Gerold as the Austrian member of the ICC Court.</p>
Edited byAlfred SiwySiwy, Alfred13611115020190111270
LAW051000,*LAW006000
<p><strong>The European Convention on International Commercial Arbitration</strong> provides a comprehensive overview of the provisions of the European Convention on International Commercial Arbitration (&ldquo;ECICA&rdquo; or the &ldquo;Convention&rdquo;) concluded on 21 April 1961, in Geneva and certain related topics of international commercial arbitration for a better understanding of the relevance of some of these provisions. Originally drafted during the Cold War era to facilitate trade between Western and Eastern European countries, the ECICA has come to the fore in recent years as commercial relationships proliferate between Western Europe and such resource-rich countries as Russia, Ukraine and Kazakhstan. This commentary is the first comprehensive overview in English of the Convention&rsquo;s provisions, annexes, subsequent agreements and relevant case law and scholarship.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>Following three introductory chapters&mdash;on subjective arbitrability, applicable law and <em>ordre</em><em> public</em> in enforcement procedures&mdash;the book provides detailed commentary and analysis of each of the Convention&rsquo;s articles in turn. Detailed answers will be found to such questions as the following:</p> <ul> <li>Which law is applicable to the substance of a dispute within the Convention&rsquo;s scope of application?</li> <li>Can a defective arbitration clause be &ldquo;saved&rdquo; and, if so, how?</li> <li>In which circumstances can awards be enforced which have been set aside in the state of origin?</li> <li>In which circumstances may courts decide in a matter governed by an arbitration agreement?</li> </ul> <p>In contrast to the other major international commercial arbitration body of rules&mdash;the New York Convention&mdash;the ECICA goes beyond enforcement and recognition of awards and codifies standards of conduct and procedure. These innovative provisions are discussed in depth.</p> <p><strong>How this will help you:</strong></p> <p>Providing a practical and academic commentary to every article of the Convention, this book will also report on all the case law on the European Convention. Arbitration disputes are increasing across the vast geographical region in which the ECICA is applicable, and practitioners acting in such disputes will welcome this thorough commentary on the functionality, advantages and disadvantages of each of the Convention&rsquo;s provisions. They will approach national courts and arbitral tribunals with full knowledge of the rules of procedure and benefit from analysis of court decisions. Global firms, particularly in the oil and gas industry, will also appreciate the book&rsquo;s masterful explication of this powerful instrument in international commercial arbitration.</p> <p>&nbsp;</p> <p>&nbsp;</p>
06 Professional and scholarly
270
16
9789041186249
Enforcement of Foreign Arbitral Awards and Judgments in New York
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Andreas A. Frischknecht
Frischknecht, Andreas A.
Author
Yasmine Lahlou
Lahlou, Yasmine
Author
Gretta L. Walters
Walters, Gretta L.
20016422120180326360
Bulletin of Comparative Labour Relations Series
LAW051000,*LAW006000
<p><strong>About this book:</strong></p> <p><strong>Enforcement of Foreign Arbitral Awards and Judgments in New York,</strong> more thoroughly than any other source, shows practitioners how to navigate the enforcement landscape in New York. A favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it, and this book provides an in-depth analysis of all aspects of enforcement and execution, covering U.S. civil procedure, statutes, and case law on enforcement of foreign arbitral awards and judgments, the nuances of the New York courts&rsquo; interpretations of the New York and Panama Conventions on arbitral award enforcement, and the practicalities of ultimately obtaining payment on a foreign award or judgment. New York is a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following:</p> <ul> <li>review of the fundamentals of U.S. practice and procedure for non&ndash;New York practitioners;</li> <li>easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement;</li> <li>up-to-date, clear presentation of the relevant case law, including key state and federal decisions;</li> <li>explanation of how state and federal laws intersect with international law;</li> <li>review of significant recent developments impacting a creditor&#39;s ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and</li> <li>comprehensive advice on the practicalities of executing a judgment.</li> <li>In a broader sense, this book aims to become the go-to resource for creditors and debtors (and their counsel) contemplating potential enforcement proceedings in New York&mdash;a key global enforcement jurisdiction.</li> </ul> <p><strong>How this will help you:</strong></p> <p>Given the critical role, New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding of both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.</p>
06 Professional and scholarly
360
17
9789041186256
M&A Disputes and Completion Mechanisms
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Heiko Daniel Ziehms
Ziehms, Heiko Daniel
14511816020181220224
Arbitration in Context Series
LAW051000,*LAW114000
<p><strong>About this book:</strong><br /> <strong>M&amp;A Disputes and Completion Mechanisms</strong> provides an in-depth discussion of completion mechanisms in merger and acquisition (M&amp;A) transactions, including key arguments for or against individual deductions or adjustments, identifies the factors that lead to post-M&amp;A disputes and explains how to measure their financial consequences.</p> <p>In the course of an M&amp;A transaction, the M&amp;A professionals and their advisors face a series of decisions, often against the backdrop of an unrealistic deadline, imperfect information and a shrewd other side. In making these decisions, they have to deal with complex technical matters at the intersection of disciplines, including accounting, law, taxation, corporate finance, operations, environmental and strategy. It is not always possible during the negotiations to take a step back and contemplate issues that are likely to arise before or after completion that may result in a dispute or to address or mitigate risks. Further, a volatile &#39;real word&#39; can &ndash; and often does &ndash; find its way into the transaction and cause dissonance &ndash; a cyberattack, turmoil in financial markets around closing as during the financial crisis, or the discovery of fraud, for example. It is therefore easy in these highly charged circumstances to create outcomes that end up in legal disputes.</p> <p><strong>What&rsquo;s in this book:</strong><br /> A sound understanding of the completion mechanism, including the basis and measurement of individual purchase price adjustments, is important to negotiate good deals and avoid disputes. This book deals with numerous matters that need to be addressed during M&amp;A negotiations including the following:</p> <p>the equity bridge: from firm value to the purchase price for the equity;<br /> closing conditions, the closing process and the completion accounts;<br /> an in-depth discussion of individual purchase price adjustments from factoring to pensions and from leases to the working capital reference value;<br /> material adverse change clauses;<br /> aspects of locked box transactions, including the interest over the locked box period;<br /> how to structure earn-outs to avoid disputes;<br /> red flags for fraud;<br /> damages valuation in M&amp;A disputes; and<br /> lessons learned on how to avoid or deal with disputes.</p> <p>The author analyses a large number of actual post-M&amp;A disputes to bring into focus precisely where things go wrong in practice. He then sets out practical solutions to the problems dealmakers face, how to negotiate individual price adjustments and lessons learned from disputes. The analysis of prominent factors associated with legal disputes also provides diagnostic tools that can help avoid disputes. If a dispute has occurred, the book discusses how it can be resolved as well as the conceptual basis and practical approaches to the measurement of damages.</p> <p><strong>How this will help you:</strong><br /> This very useful book will be welcomed by M&amp;A practitioners, be they in-house counsel, private equity, sovereign wealth funds, international arbitration centres or other players, as well as the investment bankers, accountants and the professionals who advise them. It will also prove to be of great value to those who deal with post-M&amp;A disputes &ndash; judges, arbitrators and litigators &ndash; and legal academics interested in the M&amp;A field, and to professionals who confront specific questions during a transaction or a post-M&amp;A dispute.</p>
06 Professional and scholarly
224
18
9789041186263
Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorNeil KaplanKaplan, NeilAuthor
Michael Moser
Moser, Michael
16013117720180327440
LAW051000,*LAW006000
<p><strong>About this book:</strong></p> <p><strong>Jurisdiction, Admissibility and Choice of Law in International Arbitration</strong>, as the name suggests, discusses the jurisdiction, admissibility and choice of law provisions applied in the arbitration. These three elements play a prominent role in administering arbitration proceedings and are oft-cited in several awards and court decisions, particularly in cases transcending boundaries. In light of the growing demand for international arbitration, there is a need for literature to discuss these elements and analyse how they are applied across various jurisdictions. Although there are books available on each of these factors separately, this book specializes in analysing all these three aspects together.</p> <p>This book is a collection of essays in honour of the distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics and made a mark on arbitral law and practice that is recognized worldwide.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the above-mentioned thorny matters and examine specific issues and topics such as the following:</p> <ul> <li>res judicata;</li> <li>investment arbitration;</li> <li>free trade agreements;</li> <li>party autonomy;</li> <li>application of provisional measures;</li> <li>issue estoppel;</li> <li>evidentiary inferences;</li> <li>interim measures;</li> <li>emergency and default proceedings;</li> <li>the intersection of financing and jurisdiction;</li> <li>consolidation of cases; and</li> <li>non-contractual claims.</li> </ul> <p><strong>How this will help you:</strong></p> <p>Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, this book is bound to appeal to and be put to use by arbitrators and other lawyers, who handle international cases, to gain insight into the factors involved in affecting arbitral decisions. This book also proves to be of great value to global law firms and companies doing transnational business to confidently maze through the complex arbitral laws around the globe and is of great academic interest.</p>
06 Professional and scholarly
440
19
9789041186270
Judicial Review of Arbitration
Law and Practice in China
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorLin YifeiYifei, Lin20416722520180813368
LAW051000,*LAW006000
<p><strong>About this book: </strong></p> <p><strong>Judicial Review of Arbitration </strong>covers issues that arise at all stages of the enforcement application process focusing mainly on various challenges and defenses regarding the enforcement of foreign and domestic arbitral awards. This book discusses concepts and cases in commercial arbitration and judicial review. International commercial arbitration relies on the possibility of enforcing arbitral decisions against recalcitrant parties. In China, a crucial world market, where the annual arbitration caseload has reached 200,000 and where arbitration is evolving, authorities attach great importance to judicial review of arbitration. This is the first book to address issues concerning the recognition and enforcement of arbitral awards under applicable law in &ldquo;Greater China&rdquo;&mdash;the People&rsquo;s Republic of China (PRC), Taiwan, Hong Kong and Macao&mdash;describing and analyzing the effect of judicial review on a wealth of recent issues and cases.</p> <p><strong>What&rsquo;s in this book:</strong><br /> After providing an overview of the legal framework for Chinese arbitration and judicial review of arbitration, the book introduces and discusses the law governing the arbitration agreement, due process, the arbitrator&rsquo;s power, arbitrability, formation of arbitral tribunal, mediation and public policy. For a better understanding of commercial arbitration from an international perspective, there are comparative studies of foreign laws and practices across the chapters of the book, and abundant primary source material is provided in appendices. In its focus on the challenges arising at all stages of the enforcement application process, such issues and topics as the following are covered in detail:</p> <ul> <li>significant judicial interpretations of the Supreme People&rsquo;s Court as recent as 2018;</li> <li>examination of the validity of arbitration agreements;</li> <li>setting aside and enforcement of arbitral awards by PRC arbitration institutions;</li> <li>role of the New York Convention and other treaties;</li> <li>succession of contract;</li> <li>examination of evidence; and</li> <li>role of competition law and intellectual property law.</li> </ul> <p>In the discussion of each case and each type of issue, the book shows clearly what kind of arbitral awards can be recognized and enforced in China and what kind cannot.</p> <p><strong>How this will help you:</strong><br /> As an invaluable source of detailed information and as a thorough guide on the grounds and procedures of judicial review of arbitration in Chinese courts, this book will be of valuable source to practitioners, global law firms, companies doing transnational business, jurists and academics from all countries concerned with matters regarding international and foreign-related arbitration in China.</p> <p>&nbsp;</p>
06 Professional and scholarly
368
20
9789041186874
The Interplay Between Competition Law and Intellectual Property
An International Perspective
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Gabriella Muscolo
Muscolo, Gabriella
<p><b>Gabriella Muscolo</b> is a Commissioner at the Italian Competition Authority. As a former judge, she sat at the Specialist Section for intellectual property and competition law in the District Court of Rome and at the Court for Undertakings in Rome. She is a former member of the Enlarged Board of Appeal (EBA) of the European Patent Office. She is Fellow of the Centre of European Law of King's College London and lecturer of Commercial Law at the School of Specialization for the Legal Professions at the University of Rome—La Sapienza. She also lectured at Italian and Foreign Universities such as Université de Strasbourg, CEIPI (Centre d'Etude International de la Propriété Intellectuelle), Technische Universitat Dresden, Universidad de Alicante, Queen Mary University, University of Washington, CASRIP (Center for Advanced Studies and Research on Innovation Policy) in Seattle and Waseda University in Tokyo. She publishes in Italian as well as in English in the fields of intellectual property and competition law. Among others, she coedited the volumes “Intellectual Property and Competition Law: a European perspective” and “The Pharmaceutical Sector Between Patent Law And Competition Law. An International Perspective” both for Kluwer International. She is also coeditor of the online Journal “Italian Antitrust Review.</p>
Edited by
Marina Tavassi
Tavassi, Marina
19515921520190111566
LAW050000,LAW051000,*LAW005000
<p><strong>The Interplay Between Competition Law and Intellectual Property</strong> provides for a comparative perspective &ndash; on an international basis &ndash; on the approaches of different systems between competition law and Intellectual Property (IP). Although competition law and IP are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book&rsquo;s market-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world&rsquo;s most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems.</p> <p><strong>What&rsquo;s in this book:</strong><br /> With thirty-two contributions written by a wide range of authors, including European and worldwide experts, judges, regulators, academics, economists and practitioners in the field of IP and competition law, this book provides an international comparative perspective as well as a detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following:</p> <ul> <li>standard essential patents;</li> <li>online platforms and antitrust;</li> <li>legal assessment of excessive prices;</li> <li>automatic injunction in patent cases;</li> <li>IP rights between technological development and consumer protection;</li> <li>geo-blocking; and</li> <li>free movement of goods and the protection of IP rights.</li> </ul> <p>Attention is paid throughout to the increasing dialogue between competition authorities around the world, including clashes of jurisprudence in enforcers&rsquo; decisions.</p> <p><strong>How this will help you:</strong><br /> A matchless remedy for the lack of uniformity of approach heretofore, the book&rsquo;s investigation of the nexus between competition law and IP in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. Providing information about recent law and case law dealing with the intersection between IP and Competition in various systems, this book will be warmly appreciated by practitioners, regulators, policymakers and academics in both competition law and IP.</p>
06 Professional and scholarly
566
21
9789041187819
Digital Innovation in Financial Services
Legal Challenges and Regulatory Policy Issues
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Phoebus L. Athanassiou
Athanassiou, Phoebus
15212416820180208288
International Banking and Finance Law Series
COM017000,LAW051000,*LAW009000
<p>Consumer behaviour is rapidly trending towards the use of digital devices as instruments through which to transact day-to-day business. This original and timely book shows how this trend creates new opportunities not only for retail consumers but also for financial service providers, regulators and central banks. The author offers a comprehensive overview of these opportunities and their countervailing legal and regulatory challenges.</p>
<p>The author describes and analyses in unprecedented detail the application of digital financial innovation (FinTech), and some of its core manifestations, including virtual currencies, Blockchain and distributed ledger technologies to the delivery of financial services, in areas such as:</p>
<ul>
<li>– payments;</li>
<li>– securities clearing and settlement;</li>
<li>– central banking;</li>
<li>– real-time access to financial information;</li>
<li>– instant completion of core financial transactions;</li>
<li>– data validation and reconciliation processes; and</li>
<li>– digital contracting (smart contracts).</li>
</ul>
<p>Also clarified are the legal and other barriers to be overcome – including cybersecurity and risks to privacy – before any widespread adoption of digital innovation in the highly regulated financial sector context can occur.</p>
<p>As an informed assessment of the legal merits and risks of technological innovation for financial service providers and central banks, and as a contribution to establishing a conceptual framework within which to analyse and better understand the applications of digital innovation to the financial sector, this practical work is bound to be welcomed by legal practitioners and legal scholars alike with an interest in financial services. Policymakers and regulators will also appreciate its guidance on how to temper the less benevolent aspects of FinTech with targeted, risk-focused regulation, so as to promote innovation and preserve the potential benefits for financial markets and their participants alike.</p>
06 Professional and scholarly
288
22
9789041187857
Yearbook Commercial Arbitration, Volume XLII (2017)
Wolters Kluwer
Kluwer Law International
BB Hardback
General editor
Albert Jan van den Berg
van den Berg, Albert Jan
32626736120171222928
Yearbook Commercial Arbitration Set
LAW051000,*LAW006000
<p>The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules.</p>
<p>Volume XLII (2017) includes:</p>
<ul>
<li>• excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Milan Chamber of Arbitration (CAM);</li>
<li>• notes on new and amended arbitration rules, including references to their online publication;</li>
<li>• notes on recent developments in arbitration law and practice in Angola, Australia, British</li>
<li>• Virgin Islands, Canada, PR China, Fiji, Hong Kong, Hungary, Ireland, Korea, Lithuania, New Zealand, Qatar, Romania, Russian Federation, Singapore and Vietnam;</li>
<li>• excerpts of 100 court decisions applying the 1958 New York Convention from 26 countries – including, for the first time, cases from Moldova and Mozambique – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention;</li>
<li>• excerpts from other court decisions of interest to the practice of international arbitration;</li>
<li>• an extensive Bibliography of recent books and journals on arbitration.</li>
</ul>
<p>The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.</p>
06 Professional and scholarly
928
23
9789041188366
The OECD Multilateral Instrument for Tax Treaties
Analysis and Effects
Wolters Kluwer
Kluwer Law International
BB HardbackEdited byMichael LangLang, MichaelEdited by
Pasquale Pistone
Pistone, Pasquale
Edited by
Alexander Rust
Rust, Alexander
Edited byJosef SchuchSchuch, JosefEdited by
Claus Staringer
Staringer, Claus
13210816520180213296
LAW051000,*LAW086000
<p>The Multilateral Instrument (MLI) proposed in OECD BEPS Action 15 will lead to the modification of numerous tax treaties. As tax treaties can have different wording, terminology and structure, a great challenge is to find a proper way to accomplish their modification without distorting the underlying framework or triggering undesirable effects.</p>
<p>This book analyses the MLI, which was signed by over seventy jurisdictions on 7 June 2017. The topics covered include:</p>
<ul>
<li>• the procedural mechanisms on how the new measures to prevent base erosion and profit shifting (BEPS) will interact with and complement existing tax treaties;</li>
<li>• the scope of the MLI in order to ascertain which tax treaties and taxes are covered;</li>
<li>• the interpretation of terms used in the MLI and the relationship between the languages used in the MLI and in the particular tax treaties;</li>
<li>• the implementation of the minimum standard through the MLI, as well as how states can exercise various options offered by the MLI and reserve the right not to apply certain provisions of the MLI;</li>
<li>• the legal consequences of the exercise of options and reservations for the other states;</li>
<li>• the notification procedure through which states declare their choices; and</li>
<li>• the possibilities and procedure for withdrawal from the obligations entered into upon signing the MLI.</li>
</ul>
<p>Finally, the book discusses whether the mechanism of the MLI can serve as a role model for future changes to the OECD Model Convention.</p>
<p>The book incorporates the analyses of leading scholars and practitioners dealing with international tax matters. Critical insights are offered for academics, practitioners, tax officials and judges who deal with or are interested in the field of international taxation.</p>
06 Professional and scholarly
296
24
9789041188694
Sixty Years of EU State Aid Law and Policy
Analysis and Assessment
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Eugene Stuart
Stuart, Eugene
Author
Iana Roginska-Green
Roginska-Green, Iana
15412617020180214480
LAW051000,*LAW089000
<p>If an EU industrial policy can be said to exist, its contours may be found in the complex and evolving concept of State aid. Because approaching any State aid issue can be fraught with multiple and sometimes conflicting interpretations, an in-depth analysis of the rationales, initiatives, and regulations that constitute the State aid system is much needed. In response to this need, this book provides a fine-grained clarifying context through which recent reforms, policy shifts, and judicial decisions concerning State aid can be understood and applied to specific situations.</p>
<p>Focusing on the impacts of landmark cases and policy developments leading up to a deeply informed critique of the current State Aid Modernisation Programme, the authors cover such issues and topics as the following:</p>
<ul>
<li>– linkages to other established and evolving EU common policies and common strategies;</li>
<li>– effect of EU State aid rules in the expanding geopolitical regions of EU influence;</li>
<li>– interaction with the WTO Subsidies and Countervailing Measures Agreement;</li>
<li>– the problem of a ‘subsidies culture’;</li>
<li>– how the European Commission’s notion of ‘bad’ State aid has evolved;</li>
<li>– effect of EU policy imperatives (e.g., environmental goals) which implicitly argue for increased subsidisation;</li>
<li>– nexus with EU tax harmonisation;</li>
<li>– competition among undertakings versus competition among Member State policies; and</li>
<li>– nature of the quasi-devolution of regulatory responsibilities to EU Member States.</li>
</ul>
<p>This book is a crucially important source of both theoretical enlightenment and practical wisdom that will greatly enhance confident progress through any legal matter involving EU State aid rules. It will prove of immeasurable value to practitioners, in-house counsel, policymakers, and academics for many years to come.</p>
06 Professional and scholarly
480
25
9789041188700
The TRIPS Regime of Trademarks and Designs
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Nuno Pires de Carvalho
217178240201812204648
LAW051000,*LAW050000
<p><strong>The TRIPS Regime of Trademarks and Designs</strong> in this fourth edition brings the author&rsquo;s prodigious analysis of case law, dispute settlements, ongoing scholarship and other pertinent developments fully up to date. Recognized since its first edition as the preeminent work on its subject, this incomparable book thoroughly and expertly examines the intricacies of the provisions concerning trademarks and industrial designs enshrined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). It is organized as a paragraph-by-paragraph annotated text of the Agreement, with detailed commentary not only on the articles specifically dealing with industrial property but also on every clause in the agreement that could affect the protection of trademarks and/or designs.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>With the authority and in-depth experience of a former long-time WIPO official with unparalleled knowledge and discussion of WTO Members&rsquo; practices in implementing TRIPS provisions, Nuno Pires de Carvalho brings his practical insight and vast scholarship to such complex questions as the following:</p> <ul> <li>What are signs that can constitute trademarks? Which elements assist in identifying a well-known mark?</li> <li>What are the limitations on the protection of nonvisually perceptible marks such as sounds, scents and tastes?</li> <li>What lessons can we learn so far from the Dispute Settlement Mechanism?</li> <li>What are WTO Members&rsquo; obligations as regards marks that relate to goods and services that offend religious and moral values? Are they obliged to register and protect them?</li> <li>How strict is the TRIPS Agreement as regards the use of industrial property in relation to public policies? Are private rights limitless? Are they enforceable no matter what?</li> </ul> <p>The recent worldwide phenomenon of measures involving the use of trademarks to pursue public health goals through plain packaging schemes is thoroughly analyzed and evaluated.</p> <p><strong>How this will help you:</strong></p> <p>Lawyers, judges, scholars and government officials will find a wealth of information and legal analysis in this new edition, which will help them in identifying new approaches and solutions to problems of trademark and design law posed by the implementation of the TRIPS Agreement. With its combination of practically focused article-by-article commentary and scholarly analysis and insight, this edition will be an invaluable resource to all those who wish to understand industrial property at a deeper level.</p> <p>&nbsp;</p> <p>&nbsp;</p>
06 Professional and scholarly
648
26
9789041188717
The TRIPS Regime of Patents and Test Data
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Nuno Pires de Carvalho
Pires de Carvalho, Nuno
220180243201712295833LAW050000<p><strong>About this book:</strong></p> <p><strong>The TRIPS Regime of Patents and Test Data</strong> provides the best practical commentary on the TRIPS Agreement related to patents and test data. This fifth edition, in which the author has revised the entire text and updated various arguments, continues to articulate with unmatched clarity the specific steps that a government or a company must take, in a wide variety of possible contexts, to ensure that its patent-related obligations under TRIPS are met. This book is presented in an article-by-article format, following the TRIPS Agreement itself as it relates to patents and test data. In this way, the author&rsquo;s incisive analysis covers every issue likely to arise in today&rsquo;s patent and test data administrative and legal practice.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>This pre-eminent work covers areas such as the following:</p> <ul> <li>the significance of the recent entry into force of Article 31<em>bis</em>;</li> <li>recent developments in the enforcement of patent rights in the context of competition law;</li> <li>the potential effects of Brexit and the new protectionist inclination of US trade policy;</li> <li>expanded commentary on trade secrets and test data under Article 39;</li> <li>alternate ways (the so-called flexibilities) to transpose TRIPS obligations into national law; and</li> <li>the use of standards of intellectual property protection as a bargaining chip in international trade and their impact on public policies.</li> </ul> <p><strong>How this will help you:</strong></p> <p>This book contains a practical explanation of the patent-related TRIPS provisions, how they should be reflected in national law, and how courts are expected to enforce them. As the TRIPS Agreement has a direct impact on the daily activities of corporations, governments, and consumers, this book serves as a handbook for practitioners to understand the multilateral scenario concerning the protection of inventions and test data, with a natural repercussion on national legal regimes. For these reasons and more, this fifth edition is a crucially important resource for patent and public health lawyers seeking compliance as well as for government officials charged with the implementation of TRIPS obligations.</p> <p>&nbsp;</p>
06 Professional and scholarly
833
27
9789041189943
Fundamentals of Transfer Pricing
A Practical Guide
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorMichael LangLang, MichaelAuthor
Giammarco Cottani
Cottani, Giammarco
Author
Raffaele Petruzzi
Petruzzi, Raffaele
AuthorAlfred Storck16813718520181221576LAW086000<p><strong>About this book:</strong><br /> <strong>Fundamentals of Transfer Pricing</strong> aims to capture the concepts and fundamental principles of transfer pricing by providing theoretical and practical knowledge on transfer pricing topics. Transfer pricing continues to be one of the most significant areas of heightened controversy in international taxation for multinational enterprises and tax administrations. Due to its far-reaching consequences, tax professionals and individual tax jurisdictions are required to understand the fundamentals of the topic, which is often caught in a maze of literature. Emerging from the joint research conducted by the WU Transfer Pricing Center at the Institute for Austrian and International Tax Law at WU, Vienna University of Economics and Business, the international tax law firm L&amp;P &ndash; Ludovici Piccone &amp; Partners and the experiences from the annual advanced transfer pricing courses and conferences, this book acts as a manual for understanding transfer pricing principles and their practical application. It provides a balanced approach by detailing the basics of transfer pricing and then proceeding to specific topics that are highly relevant in today&rsquo;s tax environment.</p> <p><strong>What&rsquo;s in this book:</strong><br /> This book encompasses contributions from various authors, including policymakers, practitioners and academics who have extensive experience in this field. For ease of understanding, the book is presented in two parts:</p> <p>Part I: General Topics</p> <p>I.&nbsp;&nbsp; &nbsp;Introduction to Transfer Pricing<br /> II.&nbsp;&nbsp; &nbsp;Accurate Delineation and Recognition of Actual Transactions: Comparability Analysis<br /> III.&nbsp;&nbsp; &nbsp;Transfer Pricing Methods (Part I): Traditional Transaction Methods<br /> IV.&nbsp;&nbsp; &nbsp;Transfer Pricing Methods (Part II): Transactional Profit Methods<br /> V.&nbsp;&nbsp; &nbsp;Administrative Approaches to Avoiding/Minimizing Transfer Pricing Disputes<br /> VI.&nbsp;&nbsp; &nbsp;Administrative Approaches to Resolving Transfer Pricing Disputes<br /> VII.&nbsp;&nbsp; &nbsp;Transfer Pricing Documentation: Master File, Country File and Country-by-Country Reporting</p> <p>Part II: Specific Topics</p> <p>VIII.&nbsp;&nbsp; &nbsp;Attribution of Profits to Permanent Establishments<br /> IX.&nbsp;&nbsp; &nbsp;Transfer Pricing and Intra-group Services<br /> X.&nbsp;&nbsp; &nbsp;Transfer Pricing and Intra-group Financial Transactions<br /> XI.&nbsp;&nbsp; &nbsp;Transfer Pricing and Intangibles<br /> XII.&nbsp;&nbsp; &nbsp;Transfer Pricing, Supply Chain Management and Business Restructurings<br /> XIII.&nbsp;&nbsp; &nbsp;Transfer Pricing and Customs Valuation<br /> XIV.&nbsp;&nbsp; &nbsp;Transfer Pricing and EU State Aid</p> <p>In analysing the above topics, the work undertaken by the OECD, UN, EU, World Customs Organization, World Bank, International Monetary Fund and other international organizations is considered. Moreover, the book contains several practical examples, judicial precedents and illustrative explanations to complement the understanding. Considering the evolving nature of transfer pricing in the specific topics mentioned above, this book will be periodically updated in order to provide up-to-date guidance to its first publication.</p> <p><strong>How this will help you:</strong><br /> This book is also used as a reference tool in the Advanced Transfer Pricing Courses organized by the WU Transfer Pricing Center. The book will be a catalyst for immense learning of students and young professionals who are at the introductory stage of understanding the nuances of transfer pricing. Further, the book also caters to tax lawyers, in-house tax counsels and academics working in international organizations, the business community and advisory firms as well as government officials interested in understanding transfer pricing.</p>
06 Professional and scholarly
576
28
9789041189974
Regulating Strikes in Essential Services
A Comparative 'Law in Action' Perspective
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Moti (Mordehai) Mironi
Mironi, Moti (Mordehai)
Author
Monika Schlachter
Schlachter, Monika
15012316620181127616
LAW051000,*LAW054000
<p><strong>About this book:</strong><br /> <strong>Regulating Strikes in Essential Services</strong> offers a comparative perspective on one of the most sensitive areas of industrial relations: strike in essential services. Designing a fair, effective and acceptable regime that will reconcile public interest and the public&rsquo;s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it could be of great value for public policy debate and the enhancement of national law in the field.</p> <p><strong>What&rsquo;s in this book:</strong><br /> The editors have assembled experts from fourteen countries who describe and analyse their respective country&rsquo;s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative &lsquo;law in action&rsquo; research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following:</p> <ul> <li>mechanisms aiming at compensating employees for encroaching on their collective bargaining rights;</li> <li>public accountability and responsible management of public finance;</li> <li>role of international conventions;</li> <li>effects of globalization and advances in technology;</li> <li>privatization, outsourcing and the decline of unions and workers&rsquo; solidarity;</li> <li>growing popular intolerance towards strikes in essential services;</li> <li>effect of human rights-related court decisions;</li> <li>convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services;</li> <li>dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and</li> <li>substantive and procedural restrictions on the right to organize, bargain collectively and strike.</li> </ul> <p>The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained.</p> <p><strong>How this will help you:</strong><br /> With its in-depth discussion of the regulatory dilemma of protecting the fundamental right to strike for all employees while ensuring the uninterrupted flow of services, deemed as essential for the public, this book forms a refined and nuanced basis for further academic research. Its contextually relevant options for strategic choice and public policy debate makes this book an incomparable handbook for labour lawyers, legislators, policymakers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.</p>
06 Professional and scholarly
616
29
9789041190420
Rethinking the Role of African National Courts in Arbitration
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Emilia Onyema
Onyema, Emilia
19916322020180621448
LAW051000,*LAW006000
<p>With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process.</p> <p>This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the:</p> <ul> <li>disposition of courts in Africa towards arbitration, whether supportive or interventionist;</li> <li>involvement of courts in the arbitral process before, during, and after an award has been rendered;</li> <li>publication and access to arbitration-related decisions from African courts;</li> <li>enforcement of annulled awards in African states under the New York Convention;</li> <li>prospects for the establishment of a pan-African investment court; and</li> <li>how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration.</li> </ul> <p>Because of the wide range of developmental stages among Africa&rsquo;s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions &ndash; Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore.</p> <p>In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states &ndash; and its confrontation of the predominantly negative perception that often leads to &lsquo;arbitration flight&rsquo; from the continent &ndash; this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.</p> <p>&nbsp;</p>
06 Professional and scholarly
448
30
9789041190451
Quick Reference Guide to European VAT Compliance
2018 Edition
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Deloitte Global Tax Center (Europe)
23419225920180522936LAW086000<p>Quick Reference to European VAT Compliance provides the information necessary to deal with common&nbsp;compliance challenges via a format that allows readers to readily locate pertinent guidance when needed.&nbsp;This highly practical reference distills the problem-solving process by anticipating the relevant challenges&nbsp;and providing reliable help.</p> <p><br /> Quick Reference to European VAT Compliance consists of two distinct sections:<br /> - An overview of how the various VAT systems in Europe work,&nbsp;with particular attention paid to compliance issues; and<br /> - Detailed, country-specific VAT compliance profiles for each&nbsp;EU Member State plus Iceland, Norway and Switzerland.</p> <p><br /> Authored by the experts at Deloitte&#39;s Global Tax Center (Europe), Quick Reference to European VAT&nbsp;Compliance is an indispensable tool for professionals seeking to proactively manage VAT compliance.</p>
06 Professional and scholarly
936
31
9789041190925
International Business Transactions Fundamentals
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Ronald A. Brand
Brand, Ronald A.
177144195201811262808
LAW051000,*LAW014000
<p><strong>International Business Transactions Fundamentals</strong> identifies the many sources of risk in cross-border transactions, analyzes in great depth the legal instruments that provide protection to the parties, and describes the practical means of reducing, reallocating, and eliminating risks. Designed primarily as a casebook and text for law school study, this volume represents nearly four decades of work by the author to present the fundamentals of the law of international business transactions. The coverage of this second edition remains consistent with the first edition, with one notable exception where the chapter on taxation of international transactions has been omitted. Like the first edition, this second edition focuses on the role of lawyers in identifying risks inherent in cross-border economic transactions, and then using primarily the law and negotiations to eliminate where possible, reduce where practicable, and reallocate where necessary those risks to the benefit of the client.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>The second edition refines and updates the materials in the first edition in a manner intended to be useful not only to students but also as a deskbook for practitioners. Matters covered include:</p> <ul> <li>the basic export-import sales contract;</li> <li>the use of price-delivery terms to allocate both price and risk;</li> <li>the application and use of the United Nations Sales Convention (CISG);</li> <li>events which may excuse the nonperformance of a contract obligation;</li> <li>when and how to opt in or out of the CISG;</li> <li>financing the export sale with a commercial letter of credit;</li> <li>a basic understanding of the WTO trade regulation system;</li> <li>the regulation of importation, including tariff classification and valuation;</li> <li>the regulation of exportation, including licensing and extraterritorial application of export laws;</li> <li>U.S. and EU Rules affecting the professional liability of international transactions lawyers;</li> <li>planning for the resolution of disputes in international transactions;</li> <li>a comparative law understanding jurisdiction, applicable law, and judgments recognition;</li> <li>issues affecting choices between arbitration and litigation of disputes;</li> <li>drafting choice of forum clauses;</li> <li>drafting choice of law clauses;</li> <li>understanding rules regarding judgments obligations stated in foreign currencies;</li> <li>recent multilateral efforts to harmonize the law on jurisdiction and judgments recognition;</li> <li>dealing with and avoiding claims of sovereign immunity and act of state;</li> <li>operating abroad through employees, agents, and distributors;</li> <li>anti-bribery laws and the need for compliance programs and contract restrictions;</li> <li>expropriation, political risk, and how to use insurance and contract terms to deal with them;</li> <li>investor-state contracts;</li> <li>antitrust laws and their extraterritorial application.</li> </ul> <p>Each chapter covers a distinct area of risk, providing insightful commentary on the relevant national, regional, and international laws, and detailed analyses of leading and defining cases from many jurisdictions and international courts. This edition is designed to help readers move from the simple cross-border sales transaction through steps which increase both activity abroad and the laws and regulations that might bring with them additional risks to be identified and allocated. A separate documents volume provides virtually all current primary source material on the law of international business transactions.</p> <p><strong>How this will help you:</strong></p> <p>There are many guides to the conduct of international business transactions, but none organized as clearly as this. With this up-to-date edition of a well-established practical guide, in-house lawyers for multinational corporations and practitioners in business law will quickly develop a framework for understanding each source of protection and enhance their ability to serve their company and clients well. With a consistent focus on how to draft the common elements of the contract in each level of international business involvement, this book will prove to be a valuable office reference guide.</p> <p>&nbsp;</p> <p>&nbsp;</p>
06 Professional and scholarly
808
32
9789041190987
Introduction to German Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Joachim Zekoll
Zekoll, Joachim
Author
Gerhard Wagner
Wagner, Gerhard
136111150201811263624LAW016000<p><strong>Introduction to German Law</strong> provides an introduction to the most important areas of German law for foreign readers, be they practitioners, scholars or students. It is thirteen years since the appearance of the successful second edition of this convenient English-language introduction to the law of Germany. This new edition covers the substantial changes and innovations that have occurred during that period, encompassing the pervasive impacts of European Union law and globalization, significantly increased activity of the German legislature in every area addressed in this volume, and numerous decisions which added important changes to the legal landscape in Germany.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>With fifteen lucid chapters written by academic experts in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs and rules arising from such basic elements as the following:</p> <ul> <li>characteristic problems of German legal unity;</li> <li>principles and practices of constitutional law;</li> <li>administrative law and procedure;</li> <li>the German Commercial Code;</li> <li>formation and conduct of corporations and partnerships;</li> <li>contracts;</li> <li>tort liability;</li> <li>property rights;</li> <li>family law;</li> <li>succession and inheritance;</li> <li>labor and employment;</li> <li>issues of private international law;</li> <li>courts and civil procedure; and</li> <li>the penal code and criminal procedure.</li> </ul> <p>This edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context and presents an overview of the basic concepts and rules shaping German law.</p> <p><strong>How this will help you:</strong></p> <p>With no other competing book on the market, this edition will be welcomed by practitioners and academics with an interest in the legal system of Germany. This will be a unique publication as a starting point for more in-depth research on the German law covering all major legal disciplines.</p> <p>&nbsp;</p>
06 Professional and scholarly
624
33
9789041190994
EU State Aid Control of Infrastructure Funding
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Corinne Ruechardt
Ruechardt, Corinne
16813718520180726490LAW005000<p>The elements of infrastructure – roads, transportation, electricity, water, communications, schools, hospitals – are so ingrained in the fabric of daily life that few people give a second thought to who provides them, and how. Yet, they are controlled by an extensive and complex regulatory system. Moreover, the EU’s State aid modernization plan has made infrastructure a crucial aspect of competition law. How did EU State aid law turn into regulation on whether a city can build a new airport, or how it may operate a school? And what do the rules actually mean for infrastructure funding? These are the questions this book, the first comprehensive guide to EU State aid law in this key sector and a major contribution to the debate on the topic, seeks to answer.</p>
<p>In its thorough review of the legal literature as well as relevant legislation and case law, this book covers such aspects of the infrastructure-State aid nexus as the following: – role of infrastructure in competition law;</p>
<ul>
<li>– infrastructure funding as aid and its compatibility with the internal market;</li>
<li>– impact on land development and other ongoing activities;</li>
<li>– sector-specific impact of State aid regulation on the design of infrastructure projects;</li>
<li>– risk management; and</li>
<li>– newer infrastructure sectors such as sports and cultural and healthcare projects.</li>
</ul>
<p>At many points in the presentation, the case-by-case analysis provides individual appraisals. In addition to focusing on the complex rules and how they have been interpreted in the decisional practice of the Commission and in the EU case law, this book provides deeply informed proposals for reform. This is a key work in a field of EU law that has developed and changed dramatically in recent years. </p>
<p>It is sure to be of immeasurable value to practitioners and jurists in State aid law, competition law, and public procurement, as well as market actors (aid beneficiaries and competitors), policymakers, government officials, and business persons in these fields.</p>
06 Professional and scholarly
490
34
9789041191014
International Taxation of Energy Production and Distribution
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
John Abrahamson
Abrahamson, John
19515921520180510546
LAW051000,*LAW086000
<p>Energy is a major global industry with rapid ongoing changes in areas such as carbon taxes, emissions trading regimes, and the development of renewable energy. The cross-border nature of the industry calls for the thorough, expert, and up-to-date analysis provided in this timely and practical book. Taking a down-to-earth, problem-solving approach to policy and practice in the field worldwide, the author focuses on the international tax framework, and the tax regimes in leading energy producing and consuming countries.</p>
<p>The book introduces and analyses significant international tax issues related to energy production and distribution, extending from the tax regime in the country where the oil, gas, or coal exploration and production activities are located, through to cross-border transportation using pipelines, tankers, and bulk carriers, to the taxation of power stations and electricity transmission and distribution networks. The taxation issues covered include the following:</p>
<ul>
<li>– upstream oil and gas and mining taxes;</li>
<li>– incentives for renewable energy;</li>
<li>– carbon taxes and emission trading regimes;</li>
<li>– dividend, interest, and royalty flows;</li>
<li>– foreign tax credits;</li>
<li>– permanent establishments;</li>
<li>– mergers and acquisitions;</li>
<li>– taxation issues for derivatives and hedging;</li>
<li>– transfer pricing;</li>
<li>– regional purchasing, marketing, service, and intangible property structures;</li>
<li>– free trade agreements and customs unions;</li>
<li>– dispute resolution; and</li>
<li>– tax administration and risk management.</li>
</ul>
<p>Detailed updates are included on the most recent international tax developments affecting the energy industry, including the OECD Action Plan on Base Erosion and Profit Shifting (BEPS) and the 2017 OECD Transfer Pricing Guidelines. Case studies offer an opportunity to apply international tax analysis to specific examples, and gain practice in identifying and discussing relevant international taxation issues.</p>
<p>This book will be of significant value to corporate tax managers and in-house counsel, together with accountants, lawyers, economists, government officials, and academics connected with the energy industry and related international taxation issues.</p>
06 Professional and scholarly
546
35
9789041191021
Competition Law in the ASEAN Countries
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Ploykaew Porananond
Porananond, Ploykaew
1209813220180716218
LAW051000,*LAW005000
<p>Amongst other regional organisations, the Association of Southeast Asian Nations (ASEAN) stands out for the diversity of its ten Member States, stemming from their respective economic and political heritage, governance systems, legal institutions, stages of economic development, and exposure to or reliance on foreign trade and investments. As of 2017, however, the regional bloc has formalised its focus on economic integration and development of a regional competition law. Challenging this vision are the States’ very different national competition law systems, ongoing problems with governmental intervention in the economy, and lack of effective and efficient corruption-free regulatory and juridical infrastructure. This book, the first detailed analysis of competition law in the ASEAN countries, looks at the prospects of implementation for the regional law and compares the existing systems in each Member State.</p>
<p>Opening with a thorough description of the composition and organisation of the ASEAN, the analysis proceeds to an in-depth evaluation of such aspects as the following:</p>
<ul>
<li>– persistence of the ASEAN’s traditional mode of dispute resolution, often referred to as the ASEAN Way;</li>
<li>– economic challenges posed by intra-regional growth and globalisation;</li>
<li>– the strong relationship between the business and government sectors; and</li>
<li>– governmental interventions as cultural practices.</li>
</ul>
<p>There is detailed reference throughout to case law, legislation, institutional announcements, relevant treaties, and literature on both the ASEAN and competition law.</p>
<p>As an important critical analysis of this major new regional competition law regime, this book will be welcomed by competition law practitioners, multinational corporation counsel, and jurists, officials, and academics in a variety of legal fields. Although the subject is specifically the ASEAN, the analysis contributes to a better understanding of competition law regimes in developing economies and to the more general literature on global competition law.</p>
06 Professional and scholarly
218
36
9789041191038
Copyright Reconstructed
Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
P. Bernt Hugenholtz
Hugenholtz, P. Bernt
927510120180405370
Information Law Series Set
LAW051000,*LAW050000
<p>The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities.</p>
<p>Pursuing an interdisciplinary approach combining economic and legal methods, nine of Europe’s most respected copyright scholars and economists present a variety of models for reconstructing copyright’s economic rights, focusing on five potentially copyright-relevant acts that lie at the borders of exclusive rights:</p>
<ul>
<li>- digital resale;</li>
<li>- private copying;</li>
<li>- hyperlinking and embedding;</li>
<li>- cable retransmission; and</li>
<li>- text and data mining.</li>
</ul>
<p>Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law, scholars in the fields of international and EU copyright law, and lawmakers and judges at the EU, national and international levels.</p>
06 Professional and scholarly
370
37
9789041191045
Landmark Copyright Cases in China
An In-Depth Analysis
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Luo Dongchuan
Dongchuan, Luo; Jiong, He
15913017520181126288LAW050000<p><strong>About this book:</strong><br /> <strong>Landmark Copyright Cases in China</strong> provides a comprehensive introduction to the Chinese copyright system that includes both administrative and judicial mechanisms. With China&rsquo;s third major amendment of its Copyright Law now well underway, the international significance of China&rsquo;s handling of copyright matters comes into a clearer focus. This book, an English translation of Chief Judge Luo Dongchuan&rsquo;s recent selection and detailed analysis of twenty-five landmark copyright cases decided by the Chinese courts in the past few years, provides an in-depth understanding of the fundamental theories of copyright as interpreted in Chinese jurisprudence and of the sophisticated balance of interests among copyright owners, communicators of works and the public domain in China. Some contemporary issues, including criteria for copyright infringement, influence of new technologies and new business modes to the copyright system, are furthermore analyzed.</p> <p><strong>What&rsquo;s in this book:</strong><br /> Following a comprehensive introductory chapter on the Chinese copyright system, the presentation proceeds with annotated English texts of cases that determine the nature of a copyrightable work and elaborate on how copyright may be infringed under Chinese law. The subject matter of the cases includes such typical internationally important elements as the following:</p> <ul> <li>architectural works;</li> <li>sport;</li> <li>music videos;</li> <li>typeface libraries;</li> <li>technical standards;</li> <li>expressions of folklore;</li> <li>Internet TV;</li> <li>liability of service providers;</li> <li>online rebroadcast;</li> <li>revision of computer software; and</li> <li>layout designs of integrated circuits.</li> </ul> <p>In addition to the texts and Dr. Luo&rsquo;s analyses, each case study includes comments from the judge of that particular case offering the reasoning for the decision. The judicial decisions demonstrate the latest development in judicial protection of copyright in China.</p> <p><strong>How this will help you:</strong><br /> This book serves as a basic professional casebook to understand Chinese copyright law system. The value of this book to non-Chinese enterprises and individuals with Chinese connections or prospects is immeasurable. There are no peers for this book. Every professional, official, policymaker or academic interested in international copyright will welcome its prodigious first-hand communication about one of the most crucial aspects of global trade relations.</p>
06 Professional and scholarly
288
38
9789041191076
International Business Transactions Fundamentals, Documents
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Ronald A. Brand
Brand, Ronald A.
826790201811282536
LAW051000,*LAW014000
<p>This Documents volume is a companion to <strong>International Business Transactions Fundamentals, Second Edition</strong> (Kluwer Law International, ISBN&nbsp; 9789041190925) and provides all the supporting sources for students and practitioners seeking information on international commercial law.</p>
06 Professional and scholarly
536
39
9789041191991
The Legal and Institutional Framing of Collective Bargaining in CEE Countries
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Ivana Palinkaš
Palinkaš,Ivana
12510213820180510282
Bulletin of Comparative Labour Relations Series
LAW051000,*LAW014010
<p>The formerly communist countries of Central and Eastern Europe (CEE) have witnessed a profound transformation of their labour laws since the 1990s and, especially, after their accession to the European Union. Today, in comparison to the other Member States, they continue to have weak trade unions and employers’ associations and an underdeveloped system of collective bargaining. Moreover, the recent economic and financial crisis highlighted the need to invest further efforts in bringing the CEE industrial relations closer to the ‘old’ Member States, in order to facilitate a more meaningful enforcement of the EU-wide economic and social policies. This is the first book to scrutinise this important matter in depth.</p>

<p>Focusing on four current CEE labour law regimes – in Slovenia, Slovakia, the Czech Republic, and Poland – that also have different collective bargaining trends and can be said to exemplify some of the main legal and institutional frameworks for collective bargaining that the CEE countries have developed, the author addresses the following major issues:</p>

<ul>

<li>– the transition from a centralised to an open market economy and the degree of continuing residual characteristics;</li>

<li>– the extent to which labour laws since the 1990s have enabled an adequate institutionalisation of industrial relations to allow free and voluntary collective bargaining at the national, sectoral, and company levels; and</li>

<li>– the effectiveness of the standard-setting role of trade unions and employers’ associations insofar as they have persisted or come into play.</li>

</ul>

<p>The analysis always keeps in focus the development of labour laws in relation to a number of such interlinked elements as market transformation, type of privatisation of state ownership, and attitudes towards welfare. It draws on both the relevant literature and on twenty-five interviews with legal and policy experts from social partners’ organisations and staff within the ministries for social affairs in the selected countries.</p>

<p>In support of the study’s general finding that the laws in CEE countries could provide more stimulus for sectoral and cross-sectoral collective bargaining, the author offers deeply informed recommendations and insights into legal shortcomings and pinpoints how the existing legal frameworks can be enhanced. Any professional or academic in the field of industrial relations, and particularly those concerned with complex transitions such as those occurring in the CEE countries and elsewhere in the world, will find this book of great value.</p>
06 Professional and scholarly
282
40
9789041192028
European Board-Level Employee Representation
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Jeremy Waddington
Waddington, Jeremy
Contributions by
Aline Conchon
Conchon, Aline
Contributions by
Valentina Franca
Franca, Valentina
Contributions by
Inger Marie Hagen
Hagen, Inger Marie
Contributions by
Jan Christoph Hennig
Hennig, Jan Christoph
1058611620180716250LAW054000<p>It is often assumed that employee representatives exert power at the company board, but it is rarely made explicit how power is exercised and to what effect. This book, the first to assess national differences between board-level employee representatives in their exercise of influence and power, examines coordination among board-level employee representatives, trade unions, representatives from other institutions of labour representation within the company, management and other board members.</p>
<p>Drawing on a large-scale survey distributed to board-level employee representatives, eleven expert contributors analyse for seven European countries (Denmark, France, Germany, Hungary, Norway, Slovenia and Sweden) how such issues and topics as the following affect the participation of employee representatives at the board:</p>
<ul>
<li>– capacity of board-level employee representatives to exercise power over long-term strategic corporate decision making;</li>
<li>– how changed circumstances impinge on the role of employee representatives;</li>
<li>– how coordination of workers’ interests has been established and maintained, if at all;</li>
<li>– how board-level employee representatives are selected;</li>
<li>– influence of board-level employee representatives on corporate restructuring;</li>
<li>– effect of corporate codes of governance;</li>
<li>– impact of the establishment of groups of companies; and</li>
<li>– protections against dismissal and discrimination of board-level employee representatives.</li>
</ul>
<p>Each country chapter reviews the legislation that underpins board-level employee representation, the timeliness and quality of the information provided, and the capacity of the representatives to apply information made available, with the purpose of establishing whether the legislation tends to constrain or facilitate the exercise of in uence and power.</p>
<p>This book takes a giant step towards answering the question of how board-level employee representatives can fulfil their roles in a manner consistent with the intentions of the policymakers who framed the legislation. Moreover, it approaches the possibility of developing pan-European legislation on board-level employee representation that would accommodate national variations. For these reasons, the book will be welcomed by European policymakers concerned with industrial relations or corporate governance, as well as by practitioners and academics in a wide swath of European legal and social studies.</p>
06 Professional and scholarly
250
41
9789041192172
Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorOlivier VrinsVrins, Olivier1209813320180118436
LAW051000,*LAW050000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends.</p>
<p>The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protection, ownership, transfer of rights, licences, scope of exclusive rights, limitations, exemptions, duration of protection, infringement, available remedies, and overlapping with other intellectual property rights.</p>
<p>The book provides a clear overview of intellectual property legislation and policy, and at the same time offers practical guidance on which sound preliminary decisions may be based. Lawyers representing parties with interests in Regulation (EU) No 608/2013 Concerning Customs Enforcement of Intellectual Property Rights will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative intellectual property law.</p>
06 Professional and scholarly
436
42
9789041192301
Employees’ Intellectual Property Rights
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorSanna WolkWolk, SannaAuthor
Kacper Szkalej
Szkalej, Kacper
175143193201712292729LAW050000<p><strong>About this book:</strong><br /> <strong>Employees&rsquo; Intellectual Property Rights</strong> describes and analyses employers&rsquo; acquisition of employees&rsquo; intellectual property rights in thirty-four different jurisdictions worldwide collectively representing all habitable continents. In today&rsquo;s knowledge-based global economy, most inventions are made by employed persons through their employers&rsquo; research and development activities. However, methods of establishing rights over an employee&rsquo;s intellectual property assets are relatively uncertain in the absence of international solutions. Given that increasingly more businesses establish entities in different countries and more employees co-operate across borders, it becomes essential for companies to be able to establish the conditions under which ownership subsists in intellectual property created in employment relationships in various countries. This book provides a distinctive perspective on the ownership aspect of intellectual property rights.<br /> &nbsp;<br /> <strong>What&rsquo;s in this book:</strong></p> <p>With the addition of a new chapter, Uganda, this revised and updated second edition was developed within the framework of the AIPPI, a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels. Among the issues and topics covered by the forty-nine distinguished contributors are the following:</p> <ul> <li>&nbsp;different approaches in different law systems;</li> <li>&nbsp;choice of law for contracts;</li> <li>&nbsp;harmonizing international jurisdiction rules;</li> <li>&nbsp;conditions for recognition and enforcement of foreign judgments;</li> <li>employees&rsquo; rights in copyright, semiconductor chips, inventions, designs, plant varieties and utility models on a country-by-country basis;</li> <li>employee remuneration right;</li> <li>parties&rsquo; duty to inform; and</li> <li>instances for disputes.</li> </ul> <p><strong>How this will help you:</strong><br /> With its wealth of information on an increasingly important subject for practitioners in every jurisdiction, this book is sure to be put to constant use by corporate lawyers and in-house counsel everywhere. It provides detailed information on which practitioners can build strategies in cases involving employees&rsquo; intellectual property rights. It is also exceptionally valuable as a thorough resource for academics and researchers interested in the international harmonization of intellectual property law.</p>
06 Professional and scholarly
729
43
9789041192332
The EU Common Consolidated Corporate Tax Base
Critical Analysis
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Jan van de Streek
van de Streek, Jan
Author
Dennis Weber
Weber, Dennis
1109012120171229350LAW086000<p><strong>About this book:</strong></p> <p><strong>The EU Common Consolidated Corporate Tax Base: Critical Analysis </strong>serves as a guide to the major development in EU tax law, the Common Consolidated Corporate Tax Base (CCCTB) proposal. In October 2016, the European Commission relaunched its plan to harmonize national income tax systems via the CCCTB by introducing a single set of rules to calculate companies&rsquo; taxable profits in the EU. This timely book offers an early analysis of this important proposal and its implications, covering issues such as the project&rsquo;s scope and main elements, international considerations, the relationship with OECD&rsquo;s base erosion and profit shifting (BEPS) initiative, consolidation, and anti-abuse rules.</p> <p>What&rsquo;s in this book:</p> <p>With carefully selected papers first presented at a January 2017 conference hosted by the Amsterdam Centre for Tax Law, this volume focuses on such topics and issues as the following:</p> <ul> <li>ways in which the proposed CCCTB is designed to preserve the competence of Member States to set their tax rates;</li> <li>reduction of the administrative burden for multinational companies;</li> <li>incentives for research and development;</li> <li>automatic cross-border relief within the EU;</li> <li>detailed analysis of the proposal&rsquo;s formula apportionment regime;</li> <li>proposed new controlled foreign (CFC) rules; and</li> <li>interest limitation rule.</li> </ul> <p><strong>How this will help you:</strong></p> <p>Because of the commitment of many Member States to keep their corporate income tax systems competitive on a stand-alone basis, the proposed CCCTB is enormously controversial and is perhaps the most ambitious reform of EU tax law ever attempted. As a detailed assessment of the reform, this book provides authoritative insights into problems likely to arise and discusses the prospect of how to implement the proposal. Thus, this book proves to be of immeasurable value to taxation policymakers, practitioners, and academics to apply this reform confidently across international boundaries.</p>
06 Professional and scholarly
350
44
9789041192349
International Taxation in a Changing Landscape
Liber Amicorum in Honour of Bertil Wiman
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Jérôme Monsenego
Monsenego, Jérôme
145119160201905201302
LAW016000,LAW051000,*LAW086000
<p>This book contains essays written in honour of Prof. Dr Bertil Wiman, a renowned tax scholar and much-appreciated teacher. Prof. Wiman is one of the founding members of EATLP, former chairman of EATLP and former vice president of IFA.</p> <p>The essays cover various topics in the field of international tax law, with a major focus on corporate taxation, an area to which Prof. Dr Bertil Wiman has dedicated most of his research. The book includes authoritative analyses by acknowledged experts on several key international tax topics, which illustrates the growing complexity of this area together with its rapid evolution.</p> <p>The book contains analyses of key international topics, such as:</p> <ul> <li>the tax challenges of the digitalisation of the economy;</li> <li>the resolution of international tax disputes;</li> <li>the principles for the taxation of corporations;</li> <li>EU tax law;</li> <li>transfer pricing; and</li> <li>tax treaty law.</li> </ul> <p>The depth of the essays contained in this book mirrors the importance of the contributions of Prof. Dr Bertil Wiman to the international tax community. It will also prove of great value to policymakers, tax practitioners and academics.</p>
06 Professional and scholarly
302
45
9789041192356
Sustainable Development, Global Trade and Social Rights
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Adalberto Perulli
Perulli, Adalberto
AuthorTiziano TreuTreu, Tiziano#N/A9813220180326224
Studies in Employment and Social Policy Set
LAW051000,*LAW014010
<p><strong>Studies in Employment and Social Policy (SSPO-51)</strong></p> <p><strong>About this book:</strong></p> <p><strong>Sustainable Development, Global Trade and Social Rights</strong> is aimed at analyzing the most updated aspects of linkage between global trade and social rights. There are two different but converging underlying reasons that forge a linkage between promoting social rights and market regulation: one that seeks to act against distorted competition based on social dumping, which ultimately modifies the best allocation of resources on a global scale; the other refers to the planning of an axiologically oriented global order, designed to redress the unwelcomed social consequences of globalization. Three major fields of international law &ndash; trade, the environment and human rights &ndash; have become inextricably intertwined in today&rsquo;s world. A practitioner, policymaker, businessperson, or academic involved in any one of these fields must now be conversant with the other two. The historic link between fundamental social rights and market regulation has proved to be a major topic in the current context of economic globalization, whose trade expansion is a fundamental component along with renewed impetus towards economic regionalism and free trade agreement, including labor provisions. An analysis of MERCOSUR offers a revealing insight into the differences between trade agreements concluded among developing countries and those concluded among developed countries.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>This groundbreaking book considers the crucial elements of this complex engagement, with eleven authoritative discussions by some of the most important and widely renowned professors of labor, commercial, and international law and experts from the International Labour Organization and the International Society for Labour and Social Security Law. Focusing primarily on the &ldquo;social pillar&rdquo; of sustainability, the authors cover such critical issues as the following:</p> <ul> <li>the &ldquo;creeping de-globalization&rdquo; manifested by Brexit and US protectionist policies;</li> <li>new and renegotiated multilateral &ldquo;mega&rdquo; treaties;</li> <li>prospects for effectively codifying social responsibilities of multinational corporations;</li> <li>nexus of economic comparative advantage and excessive exploitation of natural resources;</li> <li>weak (or non-existent) enforcement of labor clauses in trade agreements;</li> <li>assessing and managing environmental and social risk in project finance; and</li> <li>stabilization clauses in state&ndash;investor agreements.</li> </ul> <p><strong>How this will help you:</strong></p> <p>A much-needed probing of the future of global trade in the light of a resurgence of economic nationalisms, this book takes a giant step towards a new consensus and cohesion phase in the international community where development policies, international business transactions, and social and environmental sustainability coexist harmoniously. It will be welcomed by practitioners, academics, and researchers in trade law, environmental law, and labor law, as well as by policymakers and businesspersons concerned with how these legal fields interact with economic justice.</p>
06 Professional and scholarly
224
46
9789041192370
Arbitration in Switzerland
The Practitioner's Guide
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Manuel Arroyo
Arroyo, Manuel
2952413262018082321482
LAW051000,*LAW006000
<p>About the editor:<br /> Dr. Manuel Arroyo is an international arbitration expert and partner at Nater Dallafior (Zurich), which is one of Switzerland&#39;s leading dispute resolution firms. He is a full-time arbitration practitioner and has acted in some 100 international commercial arbitrations as counsel or arbitrator. His areas of specialization include oil and gas, pharmaceuticals, sales, transport, infrastructure, construction, engineering, agency, distribution and franchising. In addition to editing this treatise, Dr. Arroyo has authored over 180 pages of legal commentary.</p> <p>About this book:<br /> Arbitration in Switzerland is the most comprehensive treatise on arbitration in Switzerland. Switzerland has become one of the most popular venues for international arbitrations in the course of the past century. In light of the country&rsquo;s leading role, an all-encompassing publication on the country&rsquo;s arbitration law is essential. This incomparable second edition provides an in-depth analysis of the law and practice of international arbitration in Switzerland.</p> <p>With this second edition, which comprises approximately 1,200 pages more than the first one, the publication has been divided into two volumes: the first volume focusing on Chapter 12 of the Private International Law of Switzerland (PILS) and the Swiss Rules of International Arbitration; the second volume on the ICC Rules, the CAS Rules and the WIPO Rules. These five article-by-article commentaries constitute the bulk of the treatise.</p> <p>What&rsquo;s in this book:<br /> Included are such topics as the following (and much more), each covered in a variety of institutional and case-related contexts:</p> <p>&ndash;&nbsp;&nbsp; &nbsp;conduct of the arbitration;<br /> &ndash;&nbsp;&nbsp; &nbsp;interim measures, including those issued by emergency arbitrators;<br /> &ndash;&nbsp;&nbsp; &nbsp;taking of evidence;<br /> &ndash;&nbsp;&nbsp; &nbsp;parallel proceedings;<br /> &ndash;&nbsp;&nbsp; &nbsp;expedited proceedings;<br /> &ndash;&nbsp;&nbsp; &nbsp;emergency proceedings;<br /> &ndash;&nbsp;&nbsp; &nbsp;default proceedings;<br /> &ndash;&nbsp;&nbsp; &nbsp;multi-party and multi-contract arbitrations;<br /> &ndash;&nbsp;&nbsp; &nbsp;multi-tiered and hybrid arbitration clauses;<br /> &ndash;&nbsp;&nbsp; &nbsp;recognition and enforcement of awards, including grounds for refusal;<br /> &ndash;&nbsp;&nbsp; &nbsp;setting aside of awards; and<br /> &ndash;&nbsp;&nbsp; &nbsp;revision of awards.</p> <p>This edition includes new chapters on arbitrating M&amp;A disputes, labor disputes, energy disputes, commodity trading and shipping disputes, as well as an entirely new 400-page commentary on the 2014 WIPO Arbitration Rules, including the expedited rules. The commentary on the ICC Rules has been overhauled to cover the changes that were introduced on 1 March 2017, including the introduction of an expedited procedure for small claims, as well as general amendments designed to streamline non-expedited cases and to provide greater transparency to the arbitration process. The other three article-by-article commentaries on the lex arbitri (Chapter 12 PILS), the Swiss Rules and the CAS Rules have been fully updated and expanded, too. New special topics address res judicata, insolvency, default proceedings, bribery and corruption, and third party funding.</p> <p>How this will help you:<br /> This book draws on Switzerland&rsquo;s large body of case law on arbitration, which substantially enhances reliability and predictability for parties from abroad. Whether a dispute involves intellectual property, construction, trusts, sports, investment or any of the other problem areas where arbitration promises the best resolution, arbitrators, counsel and the parties they represent will find all the information and guidance they need here. As Switzerland continues to follow developments in international arbitration and takes the needs of arbitration users into consideration, this practical and forward-looking book undoubtedly serves as an indispensable tool for practitioners in an environment of increased competition.</p> <p>&nbsp;</p>
06 Professional and scholarly
1482
47
9789041193155
Transport Law in Australia
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
John Livermore
Livermore, John
76628420171229236
LAW051000,*LAW117000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to transport law as applied in Australia. The book describes the main sources of transport law, jurisdiction and courts, state immunity, and the legal role of transport intermediaries, with detailed reference to maritime law, transport by road, transport by air, transport by rail, and inland navigation. A special chapter is devoted to multimodal transport.</p> <p>Among the elements of transport law considered are the legal status of the vessel; its acquisition, ownership, and registration; vessel liens and mortgages; the position of master and crew; maritime salvage and assistance; marine pollution; collision; and carriage of passengers. Other topics discussed include liability and limitation of liability, charter parties, and transport under bill of lading. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are also covered.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling transport contracts or cases affecting Australia. It will also be welcomed by researchers and academics for its contribution to a field that continues to gain significance in the study of comparative law.</p>
Kluwer Law International
06 Professional and scholarly
236
48
9789041194046
Corporation Laws & Cases of South Korea
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Jong-Hoon Lee
Lee, Jong-Hoon
16813718520180221816
LAW051000,*LAW022000
<p>Despite overpopulation and almost no natural resources, South Korea has consistently boasted one of the world's fastest growing economies and is now the sixth largest exporter and ninth largest importer in the world. This book is the first comprehensive resource in English to address the international demand for detailed guidance for lawyers advising investors on conducting business in South Korea. It provides not only a thorough description of Korean corporation law but also in-depth summaries and analyses of over 200 leading cases of the Korean Supreme Court.</p>
<p>The author’s fine-grained coverage explains and clarifies the interpretation on all the topics of Korean corporation law, including the following:</p>
<ul>
<li>• types of corporations;</li>
<li>• shares, share certificate, register of shareholders;</li>
<li>• officers;</li>
<li>• auditors;</li>
<li>• small-scale corporations;</li>
<li>• accounting;</li>
<li>• “squeeze-out”;</li>
<li>• mergers and organizational change;</li>
<li>• limited partnerships and limited liability corporations;</li>
<li>• foreign corporations; and</li>
<li>• criminal penalties.</li>
</ul>
<p>Each of the cases analyzed has been selected to discuss a commonly occurring contentious issue in South Korea’s corporation law.</p>
<p>As more and more international enterprises invest in and work with South Korea, this peerless work, with its unmatched practical information and insight into the key cases affecting South Korean corporation law, proves to be of immeasurable value to lawyers and in-house counsel of transnational corporations. It is also an essential volume for any academic research into matters concerned with investment in that country.</p>
06 Professional and scholarly
816
49
9789041194077
Concise European Data Protection, E-Commerce and IT Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorSerge GijrathAuthor
Simone van der Hof
1991632202018112931000
Concise Commentary of European Intellectual Property Law Series
LAW051000,LAW116000,*LAW050000
<p><strong>About this book:</strong><br /> <strong>Concise European Data Protection, E-Commerce </strong><strong>and</strong><strong> IT Law</strong> discusses the provisions of laws concerning data protection, electronic commerce (e-commerce) and information technology (IT) sectors, which have been enacted at the European level. Since the second edition (2010) of this invaluable book &ndash; primary text with expert article-by-article commentary on European data protection, e-commerce and IT regulations, including analysis of case law &ndash; there has been a marked shift in regulatory focus. It can be said that, without knowing it, EU citizens have migrated from an information society to a single digital market into a data-driven economy. This thoroughly revised and updated third edition pinpoints, in a crystal-clear format, the meaning and application of currently relevant provisions enacted at the European and Member State levels, allowing practitioners and other interested parties to grasp the exact status of such laws, whether in force, under construction, controversial or proposed.</p> <p><strong>What&rsquo;s in this book:</strong><br /> The material has been rearranged and brought into line with the vibrant and constantly shifting elements in this field, with detailed attention to developments (new to this edition) in such issues as the following:</p> <ul> <li>cybersecurity;</li> <li>privacy rights;</li> <li>supply of digital content;</li> <li>consumer rights in electronic commerce;</li> <li>Geo-blocking;</li> <li>open Internet;</li> <li>contractual rules for the online sale of (tangible) goods;</li> <li>competition law in the IT sectors;</li> <li>consumer online dispute resolution;</li> <li>electronic signatures; and</li> <li>reuse of public sector information.</li> </ul> <p>There is a completely new section on electronic identification, trust and security regulation, defining the trend towards an effective e-commerce framework protecting consumers and businesses accessing content or buying goods and services online.</p> <p><strong>How this will help you:</strong><br /> This book offers a handy and practical review and analysis of the legal instruments, taking into account the fluidity and the transiency of the regulation of these very dynamic phenomena. By providing the full text of the regulations and directives along with the commentaries, this book helps the readers to comprehend the subtleties of these legal texts and thereby learn how to apply them confidently.&nbsp; This book will be quickly taken up by the myriad professionals &ndash; lawyers, officials and academics &ndash; engaged with data protection, e-commerce and IT on a daily basis.</p>
06 Professional and scholarly
1000
50
9789041194138
Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Jerome Monsenego
Monsenego, Jerome
13611115020180619260
LAW051000,*LAW086000
<p><strong>Selectivity in State Aid Law and the Methods for the Allocation of the Corporate Tax Base</strong></p> <p><em>J&eacute;r&ocirc;me Monsenego</em></p> <p>High profile cases before the European Commission and the EU courts have intensified scrutiny of the link between State aid law and the taxation of multinational enterprises. Certain decisions have raised questions about fiscal sovereignty and the interpretation of the rules on State aid &ndash; in particular the notion of selectivity, which have not been addressed in detail by existing research. The combination of the evolution of the notion of selectivity in State aid law, on the one hand, and the need to adapt the rules for the taxation of the profits of multinational enterprises to the modern economy, on the other hand, makes it necessary to assess whether existing as well as alternative rules for the allocation of the corporate tax base might entail a selective treatment. This book responds to the need of research in the area of State aid law applied to the taxation of the income of multinational enterprises, focusing on the crucial concept of selectivity.</p> <p>The analysis proceeds with a detailed investigation of the theoretical issues that arise when applying the selectivity test in State aid law to three methods for the allocation of the corporate tax base between the members of multinational enterprises:</p> <ul> <li>the arm&rsquo;s length principle;</li> <li>transfer pricing safe and</li> <li>systems of formula apportionment.</li> </ul> <p>This research project is conducted at a theoretical level, without considering national provisions or particular tax treaties. The author suggests an analytical framework on the application of the selectivity test to the three allocation methods. It is concluded that these methods are likely to have certain selective features, with varying possibilities to be justified by the inner logic of a corporate income tax system. It is also demonstrated that selectivity occurs for different reasons, due to the different rationales of the three allocation methods.</p> <p>This book is intended at contributing to the academic literature on the impact of State aid law on the principles for the taxation of the income of multinational enterprises. The outcome of this research project is also relevant for lawmakers who need to reconcile the imperatives of State aid law with the design of rules that match their tax policies, as well as for judges or lawyers who apply the rules on State aid to tax provisions.</p>
06 Professional and scholarly
260
51
9789041194169
Remedies Concerning Enforcement of Foreign Judgements
Brussels I Recast
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorVesna Rijavec15012316620180914456LAW051000<p><strong>About this book:</strong></p> <p><strong>Remedies Concerning Enforcement of Foreign Judgements According to Brussels I Recast</strong> addresses the most urgent questions related to the remedies against foreign judgments in cross-border enforcement under Brussels I Recast. (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters.) Brussels I Recast is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identified since the Regulation entered into force in 2015. This collection of expert essays, the first book to focus systematically and comprehensively on remedies in the light of Brussels I Recast, examines inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The in-depth analyses conducted by the contributors clearly define serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party&rsquo;s rights, and further harmonization in this field of civil justice.</p> <p><strong>What&rsquo;s in this book:</strong><br /> The aspects covered by the contributors &ndash; all well-known academics, lawyers, and judges from different EU Member States &ndash; include the following:</p> <ul> <li>grounds for refusal of recognition and enforcement;</li> <li>certification of enforceability and timely service of the certificate;</li> <li>adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement;</li> <li>effect of requesting a translation of the judgment;</li> <li>financial implications of remedies; and</li> <li>provisional measures and their role in a timely protection of rights.</li> </ul> <p>Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and efficient judicial protection is thoroughly analysed. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments.</p> <p><strong>How this will help you:</strong><br /> As a discussion on the implementation of recently adopted Brussels I Recast, its implications, obstacles to successful use, and possible measures, this book helps the readers deal with conflicting or unknown foreign provisions confidently. Thus this book serves as a guide to multinational enterprises, EU and Member State legislators, enforcement agencies, and academics to help them gain information on good practices that could be universally implemented to facilitate better and more efficient judicial cooperation in civil matters in the EU.</p> <p>&nbsp;</p>
06 Professional and scholarly
456
52
9789041194190
Japanese Patent Law
Cases and Comments
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Christopher Heath
Heath, Christopher
Edited by
Atsuhiro Furuta
Furuta, Atsuhiro
18114819820190630744
LAW051000,LAW064000,*LAW050020
<p><strong>Japanese Patent Law</strong></p> <p>Cases and Comments</p> <p><em>Edited by Christopher Heath &amp; Atsuhiro Furuta</em></p> <p>About the Editors:</p> <p><strong>Christopher Heath </strong>is a judge at the European Patent Office and former head of the Max Planck Institute&rsquo;s Asian Department.</p> <p><strong>Atsuhiro Furuta </strong>is an administrative judge at the Japanese Patent Office. He graduated with a Master&rsquo;s in Physics from the University of Tokyo and for two years was a guest researcher at the Max Planck Institute for Patent, Copyright and Competition Law in Munich.</p> <p>About this book:</p> <p><strong>Japanese Patent Law </strong>is the first comprehensive work in English on all aspects of Japanese patent law presenting 66 cases with expert explanatory comments from academics, attorneys, judges and Japanese Patent Office officials. While not a common law jurisdiction, Japanese patent law in the past 20 years has been shaped by landmark decisions of the Supreme Court and, since 2005, the IP High Court. Approaching Japanese patent law via landmark decisions is arguably the most comprehensive manner of understanding the subject matter. Many of the cases appear in English for the first time.</p> <p>What&rsquo;s in this book:</p> <p>Following an informative introduction explaining the economic importance of the patent system for Japan, the cases cover such specific issues as the following:</p> <p>&nbsp;</p> <ul> <li>definition of an invention;</li> <li>assessment of prior art, novelty and inventive step;</li> <li>rights of co-inventors;</li> <li>disclaimers, corrections and amendments;</li> <li>scope and limits of patent protection;</li> <li>distinction between repair and reconstruction;</li> <li>doctrine of equivalents;</li> <li>domestic and international jurisdiction in patent matters;</li> <li>interim proceedings and measures;</li> <li>defence of invalidity;</li> <li>damage calculation;</li> <li>patent term extension system; and</li> <li>utility models.</li> </ul> <p>Each case commentary follows a uniform structure, including background, summary of the facts, analysis and comparative remarks. The latter allows the reader to put developments in Japan in an international context.</p> <p>How this will help you:</p> <p>With the wealth of knowledge it makes available &ndash; leading Japanese patent cases in English translation, comparative case commentaries by leading experts on Japanese patent law, comprehensive analytical coverage of all aspects of Japanese patent law and coverage of related fields such as licensing, antitrust and civil procedure &ndash; this easy-to-use book will be warmly welcomed by patent attorneys and other practitioners (including Japanese patent practitioners advising foreign clients), patent academics and patent offices worldwide.</p>
06 Professional and scholarly
744
53
9789041194312
International Tax Aspects of Sovereign Wealth Investors
A Source State Perspective
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Richard Snoeij
Snoeij, Richard
13511014920180510378
LAW051000,*LAW086000
<p>An increasing number of States have entered the market looking to invest resources in foreign assets. This emergence of States acting as investors, managing the wealth of a nation and competing in the marketplace with private investors, has attracted growing and wide attention. This book is the first in-depth analysis of the international tax aspects of sovereign wealth investors, and serves as a comprehensive guide to designing tax policy, from a source State perspective, toward inbound sovereign wealth investment.</p>

<p>Drawing on a wide range of relevant sources, including international instruments, domestic tax legislation, administrative practice, (international) case law and the writings of highly qualified publicists, the author fully addresses the following aspects of the subject:</p>

<ul>

<li>– the definition, functions, legal form, governance, home State tax status, etc. of sovereign wealth investors;</li>

<li> – tax policy considerations and objectives (i.e., neutrality, equity and international attractiveness) from a source State perspective vis-à-vis foreign sovereign wealth investors; and</li>

<li>– the potential impact of the sovereign immunity principle, bilateral tax treaties and European (Union) law on source States’ ability to achieve these tax policy objectives in relation to foreign sovereign wealth investors.</li>

</ul>

<p>The conceptual framework developed by the author will greatly assist source States in introducing new tax policy or in evaluating or reconsidering their existing tax policy vis-à-vis foreign sovereign wealth investors. In addition, practitioners, academics and (home States of) sovereign wealth investors will welcome this first authoritative analysis of an important but insufficiently understood subject in international tax.</p>
06 Professional and scholarly
378
54
9789041194572
Patent Law Injunctions
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorRafał Sikorski
Sikorski, Rafal
18114820020181128284LAW050000<p><strong>About this book:</strong><br /> <strong>Patent Law Injunctions </strong>is a comparative work on injunctive relief in patent law in major jurisdictions around the world. It contains an extensive analysis of the United States, the European Union (EU), selected EU Member States (Germany, France, the Netherlands, Belgium, the United Kingdom and Poland), China, India, Japan and South Korea. It covers both preliminary (interim) and permanent injunctions. In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of the patent-protected invention or that it may be manifestly against the public interest.</p> <p><strong>What&rsquo;s in this book:</strong><br /> Recognizing that patent disputes have become truly global disputes and responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following:</p> <ul> <li>access to SEPs;</li> <li>operations of patent assertion entities;</li> <li>trolls and patent privateers;</li> <li>equitable nature of injunctive relief as a source of flexibility;</li> <li>abuse of right and competition law defences to injunctive relief as sources of flexibility;</li> <li>analysis of EU instruments that could be used in the interpretation of Member State implementing laws;</li> <li>conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights;</li> <li>circumstances when injunctions should be denied to patentees even though a valid patent was infringed;</li> <li>complex products cases where patents protect minor parts of the technologies; and</li> <li>advantages and disadvantages of various approaches to injunctive relief.</li> </ul> <p>A proposal for an optimal model of granting injunctions is also included.</p> <p><strong>How this will help you:</strong><br /> Given that there is a growing consensus as to the circumstances in which injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.</p>
06 Professional and scholarly
284
55
9789041194602
Winning the Tax Wars
Tax Competition and Cooperation
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorBrigitte Alepin
Alepin, Brigitte
Author
Blanca Moreno-Dodson
Moreno-Dodson, Blanca
AuthorLouise OtisOtis, Louise1209813220171229210LAW086000
<p><strong>Series on International Taxation-62</strong></p> <p><strong>About this book:</strong></p> <p><strong>Winning the Tax Wars</strong>, an invaluable book, shows how the globalization of trade, the digitization of the economy, tax competition between sovereign states, the erosion of the tax base, and the transfer of profits have all revealed the weaknesses of a traditional tax system that has reached its limits, and how numerous states and groups of states have joined efforts in creating a new international tax system designed to restore fairness and stability in the levying of taxes worldwide. Increased competition among governments for revenues and investment has led to a &ldquo;tax war,&rdquo; with some countries&rsquo; rates and policies potentially conflicting with international projects such as base erosion and profit shifting (BEPS). Over the past few decades, the concentration of wealth and property in the hands of a few has been facilitated by tax evasion, tax avoidance, and above all by tax competition. Fortunately, a determined move toward international cooperation among tax authorities is gathering its forces for the battle.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>Stemming from a 2016 conference initiated by the Canadian nonprofit organization TaxCOOP, convened by the World Bank and bringing together well-known taxation experts from prominent international organizations, the book presents outstanding contributions highlighting the impacts of tax competition and viable solutions. Among the issues and topics covered are the following:</p> <ul> <li>electronic commerce and electronic money;</li> <li>transfer pricing;</li> <li>derivatives and hedge funds;</li> <li>protecting tax whistle-blowers;</li> <li>offshore tax investigations;</li> <li>possibility of an international tax court;</li> <li>impact of tax competition in developing countries;</li> <li>carbon pricing;</li> <li>tobacco taxation; and</li> <li>effective taxation of the ultra-wealthy and their financial capital.</li> </ul> <p>The objective of this book is to present the impacts of tax competition and the possible solutions that can be explored. The book across the chapters presents how tax wars will be waged through negotiations between states, the firm persuasion of global financial elites, interstate collaboration, and the conclusion of multilateral agreements and treaties.</p> <p><strong>How this will help you:</strong></p> <p>Collectively, the contributions take a giant step toward reinforcing the power of sovereign states in sectors such as the environment, education, and health. As an authoritative guide to increasing the level of transparency and accountability of private and public economic actors and restoring citizens&rsquo; trust in the fairness of our global governance systems, this peerless volume with very high-level expertise of the contributors and editors will be warmly welcomed by tax lawyers, taxation authorities, and interested academics worldwide.</p>
Kluwer Law International
06 Professional and scholarly
210
56
9789041194657
Contract Law in England and Wales
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
James C. Fisher
C. Fisher, James
68567520180118180
LAW051000,*LAW021000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in England and Wales covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.</p>
<p>An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in England and Wales will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.</p>
Kluwer Law International
06 Professional and scholarly
180
57
9789041194701
Environmental Law in Hong Kong
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Helena Hsi-Chia Chen
Cooray, Anton
857094201801182302
LAW051000,*LAW034000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Hong Kong. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities.</p>
<p>The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Hong Kong. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.</p>
Kluwer Law International
06 Professional and scholarly
302
58
9789041194756
International Civil Aviation Organization
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Ludwig Weber
Weber, Ludwig
766284201712293248LAW016000
International Civil Aviation Organization
06 Professional and scholarly
248
59
9789041194831
Sports Law in Japan
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Takuya Yamazaki
Yamazaki, Takuya
604966201801182142
LAW051000,*LAW084000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Japan deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law.</p>
<p>The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured.</p>
<p>This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.</p>
Kluwer Law International
06 Professional and scholarly
142
60
9789041195302
Sub-National Constitutional Law in Spain
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Agustin Ruiz Robledo
Ruiz Robledo, Agustin
76628420180320234
LAW051000,*LAW018000
Sub-National Constitutional Law in Spain
06 Professional and scholarly
234
61
9789041195340
Medical Law in Austria
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Aline Leischner-Lenzhofer
Leischner-Lenzhofer, Aline
Author
Claudia Zeinhofer
Zeinhofer, Claudia
AuthorSibel Uranues
Uranues, Sibel
Author
Christina Lindner
Lindner, Christina
Author
Christian Kopetzki
Kopetzki, Christian
766284201802283226
LAW051000,*LAW093000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in <strong>Austria</strong>. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law.</p> <p>After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system.</p> <p>Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in <strong>Austria</strong> will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.</p>
Kluwer Law International
06 Professional and scholarly
226
62
9789041195371
Sports Law in Hungary
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Andras Nemes
Nemes, Andras
9679106201802282345
LAW051000,*LAW084000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this practical analysis of sports law in <strong>Hungary</strong> deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law.</p> <p>The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured.</p> <p>This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in <strong>Hungary </strong>will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law</p>
Kluwer Law International
06 Professional and scholarly
345
63
9789041195401
Brexit: The Legal Implications
The Legal Implications
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorAndrea BiondiAuthor
Maria Kendrick
Author
Patrick J. Birkinshaw
14912216520181120328LAW051000<p><strong>Brexit: The Legal Implications</strong> brings to notice the challenges, options, opportunities and possibilities that Brexit may bring in the legal areas. If Brexit comes to pass, what changes in the United Kingdom (UK) legal system will the world face when dealing with the UK? The contributors to this penetrating new collection of studies &ndash; a worthy successor to the widely read pre-referendum Britain Alone! &ndash; bring a prodigious level of expert scrutiny to the myriad of ramifications of this hugely complex subject. This book gathers together experts from different fields of legal practice and academia not only to discuss the ongoing negotiations but also &ndash; and most valuably &ndash; to highlight and address the legal implications of possible scenarios and solutions for a post-Brexit UK and European Union.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>With topical chapters based on the Brexit Seminar Series held by the Centre of European Law at King&rsquo;s College, the contributors examine the likely effects of the Brexit process in such areas as the following:</p> <ul> <li>constitutional and administrative law;</li> <li>the European Economic Area and the European Free Trade Association;</li> <li>EU State aid;</li> <li>the Irish border;</li> <li>the fall-back position of the WTO rules should no agreement be achieved;</li> <li>banking law, financial services and capital markets;</li> <li>debt restructuring and insolvency practice;</li> <li>environmental issues;</li> <li>private international law;</li> <li>tax;</li> <li>citizenship;</li> <li>social security; and</li> <li>residence rights, especially considering women and children.</li> </ul> <p><strong>How this will help you:</strong></p> <p>Due to the unprecedented event that Brexit represents, there is an insatiable need for knowledge and technical detail as to its possible legal implications. This book establishes the required literature in this regard and thereby helps the readers in comprehending what lies ahead. In its thorough analysis of the ongoing Brexit process and the technical understanding of the meaning of Brexit for several substantive areas of law, this book offers a solidly grounded and revealing exploration of the future that is particularly enlightening in explaining the challenges that the UK legal order is facing as a consequence of Brexit.</p> <p>&nbsp;</p> <p>&nbsp;</p>
06 Professional and scholarly
328
64
9789041195432
Corporate Acquisitions and Mergers in Singapore
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Andrew M. Lim
Lim, Andrew M
AuthorLim MeiMei, LimAuthorLim Pek BurBur, Lim PekAuthorSteven Seow
Seow, Steven
Author
Sunit Chharbra
Chharbra, Sunit
60496620171229267
LAW051000,*LAW014000
<p>Derived from Kluwer&rsquo;s multi-volume <em>Corporate Acquisitions and Mergers, </em>the largest and most detailed database of M&amp;A know-how available anywhere in the world, this work by a highly experienced team of lawyers from the leading international law firm Kinstellar Belgrade provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in Singapore. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process.</p> <p><em>Corporate Acquisitions and Mergers </em>is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in Singapore.</p>
Kluwer Law International
06 Professional and scholarly
67
65
9789041195463
Contract Law in Spain
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Antoni Vaquer
Vaquer, Antoni
766284201803013256
LAW051000,*LAW021000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject &ndash; definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.</p> <p>An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of &lsquo;consideration&rsquo; or &lsquo;cause&rsquo; and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of &lsquo;relative effect&rsquo;, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a<br /> specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.</p>
Kluwer Law International
06 Professional and scholarly
256
66
9789041195494
Landmark Labor Law Cases in China
An In-Depth Analysis
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorBaohua Dong
Dong, Baohua
12710414020190501374
LAW051000,*LAW054000
<p>The Labor Law of the People&rsquo;s Republic of China, originally promulgated in 1994, has undergone many changes and continues to be subject to judgments and arbitral awards arising from disputes and such claims as breaches of labor contract and denial of benefits. This book provides most updated, detailed, and comprehensive interpretation of Chinese labor law issues, focusing on detailed analysis of twenty leading cases.</p> <p>The first part of the book describes in depth the role of labor law in Chinese society, elaborating on its development and its characteristic features. The cases that follow, each described in minute detail, thoroughly explicate the issues that underlie the dynamic growth of Chinese labor law, such as the following:</p> <ul> <li>establishment and identification of the employment relationship;</li> <li>performance, change, dissolution, and termination of the employment contract;</li> <li>determining atypical employment relationships;</li> <li>fiduciary duties;</li> <li>health insurance provisions;</li> <li>work-related injury;</li> <li>labor dispatching service;</li> <li>legal remedies&mdash;mediation, arbitration, litigation;</li> <li>labor inspection;</li> <li>legal issues on foreigners&rsquo; employment in China;</li> <li>violation of rights to privacy, human dignity, and equal employment;</li> <li>enterprise dissolution or merger;</li> <li>employer&rsquo;s right to dismissal;</li> <li>economic compensations arising from illegal dismissal; and</li> <li>worker&rsquo;s damages arising from illegal dissolution of the employment contract.</li> </ul> <p>The carefully selected cases span the full range of labor law issues, with perspectives from parties to the action, attorneys, and judicial personnel as well as the editor&rsquo;s expert analysis of the legal principles, statutes, and case law involved.</p> <p>This English translation of a book published in 2016&mdash;the first to focus on labor and employment-related issues in China in a comprehensive way via case law&mdash;will help the international community to understand China&rsquo;s labor law environment and its current achievements. It will prove of immeasurable practical value for practitioners, arbitrators, and academics, as well as for employers and workers with an interest in China.</p>
06 Professional and scholarly
374
67
9789041195548
Corporations and Partnerships in Brazil
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Eduardo Salomao Neto
Salomao Neto, Eduardo
Author
Isabela Schenberg Frascino
Frascino, Schenberg Isabela
AuthorIsaac CattanCattan, Isaac604966201802282108
LAW051000,*LAW022000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this practical analysis of the law of business formations in <strong>Brazil</strong> provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure.</p> <p>A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p> <p>Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user&rsquo;s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in <strong>Brazil</strong> will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.</p>
Kluwer Law International
06 Professional and scholarly
108
68
9789041195579
Environmental Law in Norway
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Hans Christian Bugge
Bugge, Hans Christian
10788118201803013376
LAW051000,*LAW034000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this book provides ready access to legislation and practice concerning the environment in Norway. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities.</p> <p>The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Norway. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.</p>
Kluwer Law International
06 Professional and scholarly
376
69
9789041195609
Constitutional Law in Malta
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorKevin Aquilina
Aquilina, Kevin
85709420180228288
LAW051000,*LAW018000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this very useful analysis of constitutional law in<strong> Malta </strong>provides essential information on the country&rsquo;s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.</p> <p>Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in <strong>Malta</strong> will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.</p>
Kluwer Law International
06 Professional and scholarly
288
70
9789041195647
Transfer Pricing Developments Around the World 2018
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorMichael LangLang, MichaelAuthorAlfred StorckStorck, AlfredAuthor
Raffaele Petruzzi
Petruzzi, Raffaele
13611115020180828228
LAW051000,*LAW086000
<p><strong>About this book:</strong></p> <p><strong>Transfer Pricing Developments Around the World 2018 </strong>presents the most recent developments around the world in the area of transfer pricing. Intensive work on transfer pricing, one of the most relevant and challenging topics in the international tax environment, continues to increase worldwide at every level of government and international policy with far-reaching impact on countries&rsquo; legislations, administrative guidelines, and jurisprudence. This book presents an in-depth, issue-by-issue analysis of the current state of developments along with suggestions for future solutions to the problems raised.</p> <p>Emerging from the research conducted by the WU Transfer Pricing Center at the Institute for Austrian and International Tax Law at Vienna University of Economics and Business, this book offers seven topic-based chapters prepared by international experts on transfer pricing.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>Greatly helping to define where the line should be drawn to distinguish genuine transfer pricing issues from other anti-avoidance measures, this book encompasses the following topics:</p> <ul> <li>global transfer pricing developments;</li> <li>transfer pricing developments in the European Union;</li> <li>transfer pricing developments in the United States;</li> <li>transfer pricing developments in developing countries and emerging economies;</li> <li>recent developments on transfer pricing documentation and country-by-country reporting;</li> <li>recent developments on comparability analysis in transfer pricing; and</li> <li>recent developments on the profit split method.</li> </ul> <p>The intense work of international organizations such as the OECD, UN, EU, World Customs Organization, World Bank, International Monetary Fund, and other international organizations is discussed in this book.</p> <p><strong>How this will help you:</strong></p> <p>This book provides updated information for all parties currently facing questions related to transfer pricing in a post-BEPS world and those in charge of finding an ideal answer to them. The detailed analysis will be of immeasurable value to the various players, including international organizations, the business community and advisory firms, corporate CEOs and CFOs, and government officials as well as to tax lawyers, in-house counsel, and interested academics in facilitating an efficient dialogue and coordinated approach to transfer pricing in the future.</p>
06 Professional and scholarly
228
71
9789041195678
Sports Law in Switzerland
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Lucien W. Valloni
Valloni, Lucien W.
Author
Thilo Pachmann
Pachmann, Thilo
685675201802283164
LAW051000,*LAW084000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this practical analysis of sports law in<strong> Switzerland </strong>deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law.</p> <p>The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured.</p> <p>This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policymakers access to sports law at this specific level. Lawyers representing parties with interests in <strong>Switzerland</strong> will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.</p>
Kluwer Law International
06 Professional and scholarly
164
72
9789041195708
Corporate Acquisitions and Mergers in the Czech Republic
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorLukáš ŠevčíkŠevčík, LukášAuthor
Jitka Logesova
Logesova, Jitka
Author
Petr Mestanek
Mestanek, Petr
68567520171229157
LAW051000,*LAW014000
<p>Derived from Kluwer&rsquo;s multi-volume <em>Corporate Acquisitions and Mergers, </em>the largest and most detailed database of M&amp;A know-how available anywhere in the world, this work by a highly experienced team of lawyers from the leading international law firm Kinstellar Belgrade provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in the Czech Republic. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process.</p> <p><em>Corporate Acquisitions and Mergers </em>is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in the Czech Republic.</p>
Kluwer Law International
06 Professional and scholarly
157
73
9789041195746
Civil Procedure in Italy
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Michele Angelo Lupoi
Lupoi, Michele Angelo
9679106201802283310
LAW051000,*LAW012000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Italy. Lawyers who handle transnational matters will appreciate the book&rsquo;s clear explanation of distinct terminology and application of rules.</p> <p>The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p> <p>Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.</p> <p>&nbsp;</p>
Kluwer Law International
06 Professional and scholarly
310
74
9789041195777
Migration Law in Slovenia
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Neza Kogovsek Salamon
Kogovsek Salamon, Neza
766284201801182248
LAW051000,*LAW032000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the rules on immigration and right of residence of non-nationals in Slovenia examines the legal and administrative conditions for persons not having the citizenship of a State to enter the country and to stay and reside there. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. It follows the common structure of all monographs appearing in the International Encyclopaedia for Migration Law, thus allowing easy comparison between the country studies.</p>
<p>As migration and economic activities are often interlinked, the analysis pays particular attention to labour market access and regulation of self-employed activities for non-nationals. The book describes the status of such specific categories of persons as students, researchers, temporary workers, and asylum seekers, as well as the position of family members, detailing applicable legislation and providing practical information on administrative procedures, sanctions, and legal remedies and guarantees. The impact of international human rights law and various bilateral and multilateral agreements is considered, along with the broader application of national and local law to non-citizens in such areas as family relations, labour, social security, and education.</p>
<p>Lawyers, scholars, practitioners, policymakers, government administrations, and non-governmental organizations involved in the development, practice and study of migration law will find this book indispensable. It will be welcomed by lawyers representing parties with interests in Slovenia and immigration specialists in both public and private organizations. Academics and researchers also will appreciate its value in the study of comparative trends and harmonization initiatives affecting migrants.</p>
Kluwer Law International
06 Professional and scholarly
248
75
9789041195807
Civil Procedure in Belgium
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorPiet TaelmanTaelman, PietAuthor
Claudia Van Severen
Severen, Van Claudia
68567520180118202
LAW051000,*LAW012000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Belgium. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.</p>
<p>The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p>
<p>Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Belgium will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.</p>
Kluwer Law International
06 Professional and scholarly
202
76
9789041195845
Corporate Acquisitions and Mergers in India
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Pradeep Kumar Jain
Jain, Pradeep Kumar
55456120171229298
LAW051000,*LAW014000
<p>Derived from Kluwer&rsquo;s multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&amp;A know-how available anywhere in the world, this work by highly experienced partners in the leading international law firm Estudio Olaechea provides a concise, practical analysis of current law and practice relating to mergers and acquisitions of public and private companies in India. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process.</p> <p>Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in India.</p>
Kluwer Law International
06 Professional and scholarly
98
77
9789041195876
The African Union
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Konstantinos D. Magliveras
Magliveras, Konstantinos D.
AuthorGino J. NaldiNaldi, Gino J.12098133201802282503
*LAW051000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this practical analysis of the structure, competence, and management of <strong>The African Union (AU)</strong> provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization&rsquo;s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations.</p> <p>The monograph proceeds logically from the organization&rsquo;s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described.</p> <p>Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of <strong>The African Union (AU)</strong> for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.</p>
06 Professional and scholarly
503
78
9789041195906
Competition Law in China
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorXiaoye WangWang, XiaoyeAuthorJessica SuSu, JessicaAuthorWei HanHan, Wei685675201802283198
LAW051000,*LAW005000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this practical analysis of competition law and its interpretation in the <strong>China</strong> covers every aspect of the subject &ndash; the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the&nbsp; book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.</p> <p>An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities&rsquo; powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the <strong>China</strong> will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.</p>
Kluwer Law International
06 Professional and scholarly
198
79
9789041195944
International Taxation of Income from Services under Double Taxation Conventions
Development, Practice and Policy
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Marta Castelon
Castelon, Marta
15012316620180212544
LAW051000,*LAW086000
<p>The provision of international services has increased enormously, mainly due to the precipitous growth of the digital economy. Accordingly, the interpretation and application of double taxation conventions (DTCs) to income from services has become a dominant focus in the international taxation. This multiple-award-winning book is an indispensable tool for practitioners and a major contribution to the debate about tax reform. It responds to the need for a comprehensive overview of the tax opportunities and risks relating to the provision of international services.</p>
<p>It also offers the rst in-depth analysis of the taxation of income from services vis-à-vis the multilateral instrument (MLI) resulting from the OECD’s Base Erosion and Pro t Shifting (BEPS) initiative.</p>
<p>With the thorough analysis of the international taxation of income from services over the last two centuries, the author sheds new light on present tax policy debates and develops workable proposals for bringing brick-and-mortar DTCs into the digital reality.</p>
<p>With an abundance of case studies, treaty interpretations, appraisals of policy discussions, and practical solutions, the author examines every aspect of the subject, including the following:</p>
<ul>
<li>– the Model DTCs of the OECD, the United Nations, Germany, and the United States, their similarities and differences;</li>
<li>– relationships among the MLI, the Model DTCs, and speci c DTCs;</li>
<li>– development of the provisions dealing with services in the DTCs;</li>
<li>– how tax authorities and courts of different countries (e.g., the United States, Germany, Brazil, India, and China) apply DTC provisions on the taxation of international services;</li>
<li>– opportunities and risks relating to different business practices, such as the subcontracting of services provisions, the hiring-out of labour, the secondment of employees, and the engagement of contract and toll manufacturers;</li>
<li>– practical questions about the taxation of different distribution models – from fully edged distributors to commissionaires;</li>
<li>– challenges and proposals relating to the differentiation between various types of services under DTCs;</li>
<li>– the permanent establishment concept; – to what extent the structure, purposes, and scope of DTCs differ from those of the General Agreement on Trade in Services (GATS);</li>
<li>– how changes in the US Model DTC of 2016 affect international service provisions; and</li>
<li>– proposed changes to amending the OECD and UN Model DTCs.</li>
</ul>
<p>Viable proposals to simplify DTC provisions dealing with service income and align them with current challenges such as the digital economy and the increasing volume of remote services are offered, particularly in light of the likely impact of the ‘BEPS package’ and its subsequent MLI.</p>
<p>This book is poised to become one of the key practice resources for tax lawyers, in-house counsel, and policymakers in the coming years. Interested academics too will bene t from the author’s skill in recognizing the ongoing role of taxation fundamentals in the major revolution currently underway.</p>
06 Professional and scholarly
544
80
9789041195975
Concise European Trade Mark Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Verena von Bomhard
Author
Alexander von Mühlendahl
14511816020180925650LAW050000<p><strong>About the editors:</strong><br /> Verena von Bomhard is a partner in the firm Bomhard IP in Alicante, which she founded in 2015, after working as a partner for many years at the international firm Hogan Lovells. She received her law and doctorate degrees from Ludwig Maximilian University of Munich, Germany.<br /> Alexander von M&uuml;hlendahl received his law degree and Dr. iur. degree from the Ludwig Maximilian University of Munich, and his J.D. and LL.M. from Northwestern University. He teaches at the University of Strasbourg (CEIPI), France, the University of Alicante (Magister Lucentinus), Spain, and at Queen Mary, University of London, Centre for Commercial Law Studies, where he is a visiting professor. He is a Senior Consultant at BARDEHLE PAGENBERG in Munich, Germany.</p> <p><strong>About this book:</strong></p> <p><br /> Concise European Trade Mark Law is an article-by-article commentary on the provisions of the European Union Trade Mark Regulation (Regulation (EU) 2017/1001 &ndash; &lsquo;EUTMR&rsquo;) and the Trade Mark Directive (Directive (EU) 2015/2436 &ndash; &lsquo;TMD&rsquo;)). The sweeping changes brought about in 2017 to practice and procedures in European Union trade mark law have precipitated a new edition of this much-relied-upon guide to the field. This is the first book to provide comprehensive guidance to the new EU Trade Mark Regulation, including full details on all aspects of substance and procedure, as well as to the new Trade Mark Directive.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p><br /> The book is a complete guide to practice in the field, written by distinguished practitioners from a range of European countries, with attention to all aspects of EU trade mark law.</p> <p>This new and significantly expanded edition, which builds on the two previous editions of the Concise European Trade Mark and Design Law, includes the full texts of the new Implementing and Delegated Acts &ndash; available in no other book &ndash; as well as a collection of other texts that are needed in daily practice, such as excerpts from the Rules of Procedure of the General Court, the Paris Convention, the Madrid Protocol and the Nice Agreement, the Nice Classification, the TRIPS Agreement and the Directive on Enforcement of IP Rights.</p> <p><strong>How this will help you:</strong></p> <p><br /> This commentary provides the reader with a concise and straightforward explanation of the principles of law to be drawn from each provision. This helps lawyers to gain insight into the regulations and thereby confidently deal with them on a day-to-day basis. Thus this book serves as a standard work of reference for the daily work of all practitioners (including paralegals) who work with EU trade mark law.</p> <p><strong>Editors:</strong></p> <p><br /> Verena von Bomhard<br /> Alexander von Mu&uml;hlendahl</p>
06 Professional and scholarly
650
81
9789041196002
The Decision-Making Process of Investor-State Arbitration Tribunals
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorMary MitsiMitsi, Mary20016422120181221336
International Arbitration Law Library Series Set
LAW006000<p>In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process.</p>

<p>Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following:</p>

<ul>

<li>- an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal;</li>

<li>- the legal argumentation triptych of language rhetoric dialogue;</li>

<li>- the specific language arbitrators have developed when interpreting the law;</li>

<li>- how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights';</li>

<li>- the importance of the legal reasoning of arbitral awards and the role of rhetoric therein;</li>

<li>- concepts of 'acceptability', 'audience' and 'legitimacy';</li>

<li>- limitations of the public international law interpretive methodology enshrined in the Vienna Convention;</li>

<li>- interpretation of precedents, customary law, general principles of law and policies;</li>

<li>- the way national and international legal orders interact in the context of interpretation; and</li>

<li>- how decision-making is connected to the issues of predictability, consistency and the rule of law.</li>

</ul>

<p>The core of the book proposes a novel, full-edged dialogical network theory for analysing the interpretation process.</p>

<p>As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.</p>
06 Professional and scholarly
336
82
9789041196033
Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Huseyin Cagri Corlu
Cagri Corlu, Huseyin
12710414020180621312
Energy and Environmental Law and Policy Series
LAW051000,*LAW034000
<p>In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union&rsquo;s (EU&rsquo;s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement.</p> <p>Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following:</p> <ul> <li>factors and circumstances that determine when and what market misconduct can be subject to enforcement;</li> <li>the European Commission&rsquo;s criteria to determine whether a particular market is susceptible to regulation;</li> <li>jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets;</li> <li>to what extent anti-manipulation rules and EU competition law may be applied concurrently; and</li> <li>types of physical and financial instruments that market participants have employed in devising their manipulative schemes.</li> </ul> <p>Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT.</p> <p>Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book&rsquo;s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.</p>
06 Professional and scholarly
312
83
9789041196064
Competition Law in South Africa
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Precious N. Ndlovu
Ndlovu, Precious N.
1078811820180419372
LAW051000,*LAW005000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the South Africa covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.</p>
<p>An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.</p>
Kluwer Law International
06 Professional and scholarly
372
84
9789041196095
Competition Law in Bosnia and Herzegovina
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorZinka GrboGrbo, ZinkaAuthor
Kanita Imamović-Čizmić
Imamović-Čizmić, Kanita
60496620180511106
LAW051000,*LAW005000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this practical analysis of competition law and its interpretation in <strong>Bosnia and Herzegovina </strong>covers every aspect of the subject &ndash; the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate.</p> <p>An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities&rsquo; powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in <strong>Bosnia and Herzegovina</strong> will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.</p>
Kluwer Law International
06 Professional and scholarly
106
85
9789041196132
Constitutional Law in Switzerland
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Alexander Misic
Misic, Alexander
Author
Nicole Topperwien
Topperwien, Nicole
9679106201806152326
LAW051000,*LAW018000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this very useful analysis of constitutional law in <strong>Switzerland</strong> provides essential information on the country&rsquo;s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.</p> <p>Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in <strong>Switzerland</strong> will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.</p>
Kluwer Law International
06 Professional and scholarly
326
86
9789041196163
Constitutional Law in Portugal
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Jorge Bacelar Gouveia
Bacelar Gouveia, Jorge
604966201806153146
LAW051000,*LAW018000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this very useful analysis of constitutional law in <strong>Portugal </strong>provides essential information on the country&rsquo;s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.</p> <p>Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in <strong>Portugal</strong> will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.</p>
Kluwer Law International
06 Professional and scholarly
146
87
9789041196194
Corporate and Unitary Legal Entities in Russia
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Florian Heindler
Heindler, Florian
76628420180419214
LAW051000,*LAW022000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in Russia provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure.</p>
<p>A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.</p>
<p>Thorough yet practical, this convenient volume puts the information necessary for corporations to compete effectively at the user’s fingertips. An important and practical tool for business executives and their legal counsel interested in engaging in an international partnership or embarking on corporate expansion, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Russia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative business law.</p>
06 Professional and scholarly
214
88
9789041196231
Criminal Law in Serbia
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Zoran Stojanović
Stojanovic, Zoran
Author
Djordje Ignjatović
Ignjatović, Djordje
AuthorVanja BajovićBajović, Vanja#N/A#N/A7520180511260
LAW051000,*LAW026000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Serbia. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system.</p>
<p>Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Serbia. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.</p>
Kluwer Law International
06 Professional and scholarly
260
89
9789041196262
Criminal Law in Canada
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Julian Hermida
Hermida, Julian
604966201805113134
LAW051000,*LAW026000
<p>Derived from the renowned multi-volume <em>International Encyclopaedia of Laws, </em>this book provides a practical analysis of criminal law in <strong>Canada</strong>. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds to a detailed examination of the grounds for criminal liability, the justification of criminal offences, the defences that diminish or excuse criminal liability, the classification of criminal offences, and the sanctions system.</p> <p>Coverage of criminal procedure focuses on the organization of investigations, pre-trial proceedings, trial stage, and legal remedies. A final part describes the execution of sentences and orders, the prison system, and the extinction of custodial sanctions or sentences.</p> <p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with <strong>Canada</strong>. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative criminal law.</p>
Kluwer Law International
06 Professional and scholarly
134
90
9789041196293
Energy Law in Australia
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Alexandra Wawryk
Wawryk, Alexandra; Vigar, Carolyn; Bradley, Paul; Hunter, Tina
AuthorCarolyn Vigar
Vigar, Carolyn
AuthorPaul BradleyBradley, PaulAuthorTina HunterHunter, Tina#N/A#N/A9420180301306
LAW051000,*LAW034000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Australia. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law.</p>
<p>A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting Australia. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.</p>
Kluwer Law International
06 Professional and scholarly
306
91
9789041196422
Energy Law in Argentina
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
AuthorPablo Ferrara
Ferrara, Pablo
Author
María Angela Rascovsky
Rascovsky, Angela María
#N/A#N/A10620180419314
LAW051000,*LAW034000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Argentina. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law.</p>
<p>A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting Argentina. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.</p>
Kluwer Law International
06 Professional and scholarly
314
92
9789041196460
Environmental Law in Uganda
Wolters Kluwer
Kluwer Law International
BC Paperback / softback
Author
Emmanuel Kasimbazi
Kasimbazi, Emmanuel
Author
Kibandama Alexander
Alexander, Kibandama
#N/A#N/A84201804192244
LAW051000,*LAW034000
<p>Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to legislation and practice concerning the environment in Uganda. A general introduction covers geographic considerations, political, social and cultural aspects of environmental study, the sources and principles of environmental law, environmental legislation, and the role of public authorities.</p>
<p>The main body of the book deals first with laws aimed directly at protecting the environment from pollution in specific areas such as air, water, waste, soil, noise, and radiation. Then, a section on nature and conservation management covers protection of natural and cultural resources such as monuments, landscapes, parks and reserves, wildlife, agriculture, forests, fish, subsoil, and minerals. Further treatment includes the application of zoning and land-use planning, rules on liability, and administrative and judicial remedies to environmental issues. There is also an analysis of the impact of international and regional legislation and treaties on environmental regulation.</p>
<p>Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for environmental lawyers handling cases affecting Uganda. Academics and researchers, as well as business investors and the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study of comparative environmental law and policy.</p>
Kluwer Law International
06 Professional and scholarly
244
93
9789041196699
Investment Fund Taxation
Domestic Law, EU Law, and Double Taxation Treaties
Wolters Kluwer
Kluwer Law International
BB HardbackEdited by
Werner Haslehner
Haslehner, Werner
13110714520180523330
LAW051000,*LAW086000
<p>The effect of the significant changes in tax law at domestic, European, and international levels on investment funds, an important part of global financial services, creates a complex environment for practitioners and a source of debate for academics and policymakers. This is the first book to provide a comprehensive legal and practical analysis of the changes to the complex multilevel tax and regulatory framework concerning different types of investment funds. The contributions, updated as of late 2017, were originally presented at a conference held at the University of Luxembourg in November 2016 under the auspices of the ATOZ Chair for European and International Taxation.</p>

<p>The book covers the central questions arising in national law and tax policy, explores the regulatory and tax framework of the European Union (EU), and discusses the multifaceted interactions of both national and EU law with bilateral tax treaties. Through fourteen chapters following a brief introduction, leading academic experts and practising specialists provide decisive insight into:</p>

<ul>

<li>– the regulatory regime for European investment funds;</li>

<li>– the tax law and reforms in both Luxembourg and Germany;</li>

<li>– the role of the European Commission’s State-aid practices;</li>

<li>– examples of case law concerning the application of non-discrimination rules to various investment vehicles;</li>

<li>– the impact of tax-specific EU legislation, such as the Parent-Subsidiary Directive, the Tax Merger Directive, and the Anti-Tax Avoidance Directive;</li>

<li>– the availability of tax treaty protection for different collective and non-collective investment funds;</li>

<li>– the impact of base erosion and profit shifting (BEPS) developments on the taxation of cross-border investments;</li>

<li>– the value-added tax (VAT) treatment of investment funds and their managers; and</li>

<li>– the consequences of the global drive towards automatic exchange of information relating to existing cross-border investment structures.</li>

</ul>

<p>With its particular focus on Luxembourg – the leading centre for investment funds in Europe (and second only to the United States globally) and, thus, an instructive model for domestic-level investment fund regulation and taxation – this volume reveals the common issues that arise in virtually every other jurisdiction with a sizeable fund industry.</p>

<p>As the first in-depth treatment of the globally significant nexus between investment funds and taxation, the book will prove valuable to policymakers, practitioners, and academics in both financial services and tax law.</p>
06 Professional and scholarly
330
94
9789041196750
Attribution in International Investment Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Csaba Kovacs
Kovacs, Csaba
20016422120180822352
International Arbitration Law Library Series Set
LAW051000,*LAW006000
<p><strong>About this book: </strong></p> <p><strong>Attribution in International Investment Law </strong>is the first in-depth book on attribution in international investment law analysing the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide. The term &lsquo;attribution&rsquo; refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements, especially bilateral investment treaties, reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book provides an extensive review of the application of special or customary rules of attribution for the purposes of State responsibility in investor-State disputes.</p> <p><strong>What&rsquo;s in this book:</strong></p> <p>The analysis responds to such questions as the following:</p> <ul> <li>When is a conduct attributable to the State for the purposes of its responsibility under international investment law?</li> <li>What legal instruments govern the question of attribution under international investment law?</li> <li>In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty?</li> <li>How can State policymakers minimise their international legal responsibility within the existing framework of attribution in international investment law?</li> <li>How can investors maximise their protection within the existing framework of attribution in international investment law?</li> </ul> <p>Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as &lsquo;elements of governmental authority&rsquo; and &lsquo;under the direction or control&rsquo; and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account facilitating the understanding of the diversity of State organisation and the variety of ways in which State enterprises interact with foreign investors or act as foreign investors.</p> <p><strong>How this will help you:</strong></p> <p>A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove to be an invaluable instrumental reference tool for practitioners advising States or investors in investment disputes. Providing practical guidance as to the circumstances in which an act or omission is attributable to a State in international investment law, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, and by academics in international arbitration.</p>
06 Professional and scholarly
352
95
9789041197429
Schwarz on Tax Treaties
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Jonathan Schwarz
Schwarz, Jonathan
220180243201803015700
LAW051000,*LAW084000
<p>Schwarz on Tax Treaties is the definitive analysis of tax treaties from a UK perspective and provides in depth expert analysis of the interpretation and interaction of the UK&#39;s treaty network with EU and international law in their application to UK tax law.</p> <p>Schwarz on Tax Treaties has established itself as a standard reference work on this challenging subject. The fifth edition significantly develops the earlier work with enhanced commentary and is updated to include the latest UK, international and EU treaty developments including:</p> <ul> <li>New Bilateral double tax and exchange of information treaties and protocols</li> <li>OECD BEPS Multilateral Instrument</li> <li>Treaty binding compulsory arbitration</li> <li>State Aid &mdash; Luxembourg Alleged aid to McDonald&rsquo;s</li> <li>Judicial decisions of United Kingdom and foreign courts on UK treaties</li> <li>Taxpayer rights in EU exchange of information</li> <li>Multilateral MOU on Country-By-Country Reporting</li> <li>EU Anti-Tax Avoidance Directive</li> </ul> <p>Case law developments including:</p> <ul> <li>UK Supreme Court in <em>Miller, R (oao) v Secretary of State for Exiting the EU</em></li> <li>Australian High Court in <em>Bywater Investments Ltd and others v CoT</em></li> <li>Indian Supreme Court in <em>Formula One World Championship Ltd v CIT</em></li> <li>UK Tax Tribunals <em>Irish Bank Resolution Corporation Ltd v HMRC; Fowler v HMRC; R (oa Derrin Brother Properties Ltd), Vrang v HMRC , Ardmore Construction</em></li> <li>CJEU in <em>Austria v Germany; Berlioz Investment Fund SA v Directeur de l&#39;administration des Contributions directes; Eqiom SAS and Enka SA v. Ministre des finances et des comptes</em></li> </ul> <p><strong>Jonathan Schwarz</strong> BA, LLB (Witwatersrand), LLM (UC Berkeley), FTII is an English Barrister at Temple Tax Chambers in London and is also a South African Advocate and a Canadian Barrister. His practice focuses on international tax disputes as counsel and advice on solving cross-border tax problems.&nbsp;&nbsp; He is a visiting Professor at King&rsquo;s College London and a member of the Permanent Scientific Committee of the International Fiscal Association. He has been listed as a leading tax Barrister in both the Legal 500 for international corporate tax, and Chambers&#39; Guide to the Legal Profession for international transactions and particular expertise in transfer pricing. He has been lauded in Who&#39;s Who Legal, UK Bar for his &lsquo;brilliant&rsquo; handling of cross-border tax problems. In Chambers Guide he is commended for his &lsquo;encyclopaedic knowledge of double tax treaties&rsquo;.</p>
06 Professional and scholarly
700
96
9789041197580
Summaries of UAE Courts' Decisions on Arbitration I
(1993-2012)
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorArab HassanHassan, ArabAuthor
Lara Hammoud
Hammoud, Lara
68567520180228136
LAW051000,*LAW006000
<p>Despite the fact that Dubai has become a hub for arbitration in the region, there is a severe lack in literature and source material about arbitration in the Middle East. Most state judgments to date exist in handwritten form only. This publication is the first ever to summarize in English a series of judgments issued over the last 20 years by the Dubai Court of Cassation, the Federal Supreme Court of Cassation, the Fujairah Federal Court of First Instance and the Abu Dhabi Court of Cassation.</p> <p>An expert group of members of the ICC UAE Commission on Arbitration has carefully selected, summarized and translated more than 75 judgments in order to offer much needed insight into how arbitration works and how it is treated by the judiciary in the UAE. Each summary contains an insightful headnote, which enables the reader to easily identify the principles of arbitration set out by the UAE courts in the selected judgments. In addition to giving vital access to important source, this publication contains a helpful introduction into the UAE&rsquo;s legal system and its arbitration provisions.</p> <p>If you are a lawyer or are preparing for arbitration proceedings in the United Arab Emirates this book will help you cover the most essential parts of UAE courts decisions on arbitration. It is the absolute guide to a thorough and comprehensive understanding of arbitration-related jurisprudence in the UAE.</p>
06 Professional and scholarly
136
97
9789041197702
Summaries of UAE Courts' Decisions on Arbitration II
(2012-2016)
Wolters Kluwer
Kluwer Law International
BB HardbackAuthorArab HassanHassan, ArabAuthor
Lara Hammoud
Hammoud, Lara
68567520180228180
LAW051000,*LAW006000
<p>Arbitration in the UAE continues to evolve and the number of local and international cases has grown considerably since the first edition of this book published in 2013.&nbsp;</p> <p>This Second Edition comprises 43 carefully selected recent judgments (2012-2016) from the Federal Supreme Court, the Abu Dhabi Court of Cassation, Dubai Court of Cassation and the DIFC Courts.&nbsp;</p> <p>Presented in an easy to read format, a summary is provided for each of the selected judgments allowing the reader to gain insight into the facts of the case, the principles relied upon by the court to render its decision and the reasoning of the court leading to its decision.&nbsp;</p> <p>An indispensable reference book for arbitrators, practitioners and educational institutions who need easy access to UAE jurisprudence focusing on arbitration.</p>
06 Professional and scholarly
180
98
9789041198693
Regulating Gas Supply to Power Markets
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Tade Oyewunmi
Oyewunmi, Tade
16313318020180523362
TEC031030,LAW051000,*LAW070000
<p>Natural gas, a vital primary source of energy for the twenty-first century economy, is poised to play a major role in the medium- to long-term outlook of energy systems worldwide. Its supply to power markets for electricity generation and other energy purposes through the stages of exploration, production, gathering, processing, transmission, and distribution have been a key driver in gas commercialisation over the past two to three decades. This book discusses insights from law and economics pertaining to gas and energy supply contracts, regulation, and institutions. It provides an in-depth ‘law-in-context’ analysis of the approaches to developing competitive and secure gas-to-power markets in an increasingly international, interrelated, and interconnected value chain.</p>

<p>Recognising a general move towards structural reforms and economic regulation of gas and energy markets globally, the author incisively addresses the following questions:</p>

<ul>

<li>– Is there a single ‘ideal’ model or approach for ensuring effectiveness in the restructuring and regulation of gas supply to power markets? If not, then what constitutes the matrix of models and approaches?</li>

<li>– What are the underlying principles, assumptions, and institutional structures that will enhance the modern approaches to developing competitive, secure, and sustainable gas supply to power markets?</li>

<li>– What are the factors that determine or affect the effectiveness and efficiency of such approaches and regulatory frameworks?</li>

</ul>

<p>The book critically explores the instrumental role of regulation and organisational institutions in the restructuring and development of gas supply markets. It examines the evolution of economic approaches to regulation, competitiveness, and security of gas supply in the United States and the United Kingdom. It considers the EU as a supranational union of developed economies and Nigeria as a developing economy, in the process of applying these paradigms of economic regulation and restructuring of gas-to-power markets.</p>

<p>In a law and policy environment where training and educational centres, lawyers, and public and corporate energy advisors are becoming more concerned about competitiveness and efficiency in gas resource allocation and pricing – and about high-quality governance frameworks for industries that depend on reliable gas supplies – this vital book will be warmly welcomed by lawyers, policymakers, energy consultants, analysts, regulators, corporate investors, academics, and institutions concerned with and engaged in the business of exploration, production, and supply of gas for energy purposes.</p>
06 Professional and scholarly
362
99
9789041198723
A Multilateral Tax Treaty
Designing an Instrument to Modernise International Tax Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
D.M. Broekhuijsen
Broekhuijsen, D.M.
13511014920180418298
Series on International Taxation
LAW051000,*LAW086000
<p>Many states have set out to develop a multilateral tax instrument with the purpose of amending bilateral treaties in a quick and comprehensive fashion. The recent adoption by as many as a hundred jurisdictions of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (the OECD Multilateral Instrument) is the most prominent step in this direction. This book provides not only a detailed analysis of the OECD Multilateral Instrument but also discusses in depth the far-reaching implications of the international tax reform currently under way.</p>
<p>The author shows how the BEPS Project has merely unveiled the problems related to bilateral tax relationships and articulates initiatives to ensure the sustainability of a multilateral consensus. Drawing on the fields of international law, international relations, and political science, he develops a design strategy, complete with draft clauses, that fundamentally transforms the way states cooperate in the field of international tax, effectively addressing such problems as the following:</p>
<ul>
<li>– the need for collective action;</li>
<li>– the problem structure of multilateral tax cooperation;</li>
<li>– the relevance of the OECD Model Tax Convention and Commentaries thereon;</li>
<li>– the place, position and operation of the OECD Multilateral Instrument;</li>
<li>– non-OECD member countries; and</li>
<li>– treaty shopping.</li>
</ul>
<p>The principled and pragmatic structural solution presented would allow policymakers to continuously adapt and respond to the rapidly evolving nature of the global economy. The author’s original research and his recommendations for future development of the topic offer deeply informed guidance to policymakers, practitioners and other tax professionals, and academics.</p>
06 Professional and scholarly
298
100
9789041199508
European Economic Law
Wolters Kluwer
Kluwer Law International
BB HardbackAuthor
Alberto Santa Maria
Santa Maria, Alberto
225185249201901184600LAW007000LNPB
03 LC classification
<p><strong>European Economic Law</strong> presents a thoroughgoing legal analysis of the prominence of corporate and business enterprises in what many theorists see as the intrinsic &lsquo;internationality&rsquo; of social activity in the current era. In the course of its intensive discussion, the book brilliantly disentangles the complex interrelations among a vast array of economic factors. Since the last edition of this pre-eminent work five years ago, the European framework in the international setting has substantially changed. Numerous critical developments have highlighted shortcomings in the European structure that seems incapable, in its present complexity, of resolving the apparently intractable problems it confronts. This book&rsquo;s highly respected author is uncompromising: either we have the courage to establish profound, constitutional reforms aimed at renewing the EU in the collective imagination or we risk contenting ourselves with merely an economic community with a far-from-ideal single market where even the four basic freedoms guaranteeing all actors, individuals and enterprises are put under discussion.</p> <p><strong>What&rsquo;s in this book:</strong><br /> This revision follows the successful format of the previous editions. As a general update, the new edition takes into account such major developments as the mass immigration phenomenon, effects of Brexit on EU laws and policies and the OECD&rsquo;s project on base erosion and profit shifting (BEPS). Ongoing matters covered include the following:</p> <ul> <li>issues surrounding the euro&rsquo;s sustainability, especially as revealed in European Court of Justice (ECJ) case law;</li> <li>lack of power of the ECB and other EU institutions in fixing the euro&rsquo;s exchange rate and in facing the music on the spread&rsquo;s issues;</li> <li>the potential EU contribution to reform of the IMF&rsquo;s organization and substantive rules;</li> <li>ECJ case law on conflicts in the transfer of seat and cross-border mergers;</li> <li>the role of the European Commission in the regulation of international trade;</li> <li>limits to the advantages lawfully acquired by multinational enterprises;</li> <li>transfer pricing in intragroup transactions;</li> <li>EU supervision of banking groups and international banking cooperation;</li> <li>&lsquo;corporate social responsibility&rsquo; and &lsquo;codes of conduct&rsquo;; and</li> <li>State aid between competition law and the non-discrimination principle.</li> </ul> <p>Emphasizing the complex legal regime affecting undertakings in Europe today, Professor Santa Maria recognizes the propelling role of the ECJ in the development of European economic law &ndash; including the &lsquo;proportional&rsquo; exercise of control in the court&rsquo;s case law &ndash; as well as the Commission&rsquo;s responsibility for &lsquo;managing&rsquo; European trade.</p> <p><strong>How this will help you:</strong><br /> Previous editions have been applauded for their unremitting emphasis on rules introduced on the basis of multilateral agreements of an unprecedented reach, within which both States and undertakings are made to recognize and deal with one another. In this fourth edition, this perspective, daunting in its scope and breadth, is maintained and expanded, providing a synthesizing and enlightening analysis that will be of immeasurable value to all parties with an interest &ndash; academic, juridical or administrative &ndash; in this very important area of law.</p>
06 Professional and scholarly
600
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