This volume is an authoritative and complete yet compact presentation of private international law—or ‘conflict of laws’—in the United States of America. Its author is a “conflicts giant” (60Stanford Law Review 247 at 249 (2007)) and “the world’s leading expert on comparative conflicts law today.” (M. Reimann, “Comparative Law and Private International Law,” in The Oxford Handbook of Comparative Law 1363 at 1380 (20 [ ... ]
The prodigious scope of legal expertise demanded by practice in the field of international aviation law has been met by this preeminent resource for decades. Now in its ninth edition, and as always brought fully up to date with the newest developments, it is ready to be of unmatched service to any practicing member of the air law community anywhere in the world.
Coverage includes such aspects as the following: ;
sovereignty in airspace;
market access and open skies agreements;
inter-airlin [ ... ]
Maritime law has an international character. The practising lawyer will be confronted with international conventions and other international instruments containing uniform law. It is broadly acknowledged that such instruments should be construed and applied uniformly. Therefore, knowledge of foreign judgments is imperative.
This book contains an extensive comparative law study of English, American and Dutch law concerning the construction of The Hague (Visby) Rules. Australian and Canadian law [ ... ]
The recent financial crisis has once again stressed the importance of good corporate governance and corporate social responsibility in building trust in the European internal market. It has given rise to a discussion of whether a number of issues should be addressed through regulation or soft law at EU level. These issues relate in particular to the duties of directors in European companies as well as how the board of directors is composed and structured.
Drawing attention first to duties of di [ ... ]
This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Twenty leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, and labour. They explore every issue likely to be important to investors, including the following:
competition, mergers and [ ... ]
Once Brazil came to a clear awareness of its prodigious global economic power a few short years ago, the government quickly undertook a number of sweeping procedural reforms in its competition system that not only made the Brazilian antitrust enforcement authority a model for newer competition agencies worldwide but also fuelled the propulsion of Brazil to an unprecedented level of trading activity. Now, this thorough and informative volume describes and analyses, from a practitioner’s poi [ ... ]
Despite a clear distinction in law between equity and debt, the results of such a categorization can be misleading. The growth of financial innovation in recent decades necessitates the allocation of control and cash-flow rights in a way that diverges from the classic understanding. Some of the financial instruments issued by companies, so-called hybrid instruments, fall into a grey area between debt and equity, forcing regulators to look beyond the legal form of an instrument to its practical s [ ... ]
The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operat [ ... ]
Although EU citizenship may appear to be a straightforward and unproblematic matter – each citizen of a Member State is a citizen of the Union – there are in fact situations in which EU citizenship status can become a thorny issue, at times even determining the outcome of a case. Because the rights automatically recognized with nationality most clearly involve the fundamental right of moving and residing freely, the case law relating freedom of movement with EU citizenship status is [ ... ]
Each year, the number of serious accidents with devastating consequences for the environment continues to grow. Legal issues arising from such incidents highlight the impact of environmental damage not only on people and places, but on the interests of those held responsible. Moreover, it is now a truism to assert that pollution does not respect national frontiers – a perspective that greatly complicates matters of standing and jurisdiction. In this context the law of tort, whether it occu [ ... ]
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 Russia. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.
The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, ju [ ... ]
The Conference on Codification of Environmental Law was organised on the occasion of the presentation of the Draft Decree on Environmental Policy to the Flemish government.
The Draft Decree was prepared by the Interuniversity Commission for the Revision of Environmental Law in the Flemish Region. It codifies and revises environmental protection law and has, to a large extent, been influenced by EC Law.
The conference provided a forum for the analysis of experiences and plans for codification i [ ... ]
Intellectual property scholars often argue that a European Copyright Code is unnecessary, undesirable, and perhaps impossible. It is certainly true that drafting rules for the European copyright law of the future is a sensitive and risky task. However, the intersection between the present and the future, the delicate point where it is felt that one era is fading away and a new dawn is breaking, has arrived for European copyright law; and moreover, the Lisbon Treaty has provided an explicit legal [ ... ]
Although nominally protected by a plethora of laws, and championed in several well-intentioned declarations and charters, today's worker often feels adrift on an uncharted sea subject to unpredictable currents that have nothing to do with the quality of his or her work.
Can we get at the root of this serious problem? We can at least determine if our existing legal systems, especially in the area of collective bargaining, discrimination, social security and European integration are able and read [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants’ status and obligations – including the laws governing state intervention in economic activities – in the United States provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnationa [ ... ]
The thirty-fifth volume of the Comparative Law Yearbook of International Business examines a variety of timely issues, including those relating to commercial and corporate law, dispute resolution, and intellectual property and the Internet, as well as a rage of general topics.
Practitioners and academics from the United States, Venezuela, Singapore, India, Ukraine, Japan, the Czech Republic, Italy, Nigeria, Mongolia, Romania, and Portugal treat matters ranging from resource development, tax ar [ ... ]
This edition of the Comparative Law Yearbook of International Business surveys issues involved in post-employment employer-employee relations and the ability of employers to control the conduct of a former employee.
The survey's introductory chapter provides a general review of issues in te context of multiple jurisdictions, followed by country-by-country analyses of 17 jurisdictions, encompassing reports on Argentina, Belgium, Canada, China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Lux [ ... ]
This book focuses on the convergent roles of competition law and regulation of IPRs in the context of the European Single Market. The perspectives of the expert authors – judges, academics, and lawyers who gathered in Rome in 2009 for the Annual Conference of the Association of European Competition Law Judges – disentangle and efficiently recombine the diverse threads woven into this complex pattern: the rapidly evolving technical environment, the decentralization process inherent in [ ... ]
This book brings satisfying definition and clarity to this field at last. Exploring the substantive differences between competition law and sector-specific regulation after the methodological integration, it presents the first detailed analysis of the many hundreds of notifications and Commission letters generated under the Article 7 procedure, identifying the most relevant cases dealing with market definition, market power, and remedies. It compares these decisions with relevant competition law [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Australia 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 administrat [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Brazil 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 [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Canada 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 [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in India 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 [ ... ]
Companies around the world and their advisors have realized, over the past few years, that they must be very aware of merger control and antitrust enforcement developments in Brasilia, Moscow, New Delhi, Beijing, and Pretoria. When one appreciates the extent of enforcement by the competition authorities of the powerful emerging economies of Brazil, Russia, India, China, and South Africa, it becomes clear that a fundamental change in the focus of international antitrust enforcement has occurred. [ ... ]
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the United States 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 adm [ ... ]