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Contract, Labour Law and the Realities of Working Life
by Eugene Schofield-GeorgesonThis book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers.The past few decades have witnessed something of a ‘silent revolution’ in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes and defining legal issues by ignoring the realities of working life. Under this new conception of labour law, industrial relations between workers and employers are rarely reciprocal or relational. Rather, they are determined by the legal meaning and purpose of the contract of employment, drafted by lawyers for the benefit of employers and their human resources departments. Having demonstrated how approaches to contractual formalist legal reasoning have redefined labour law, this book goes on to propose an array of innovative legal and policy strategies to restore the protective role of labour law to the employment relationship.Scholarly, but also accessible to students, this book will appeal to those with interests in labour law, contract law and sociolegal studies.
Contract Law in Changing Times: Asian Perspectives on Pacta Sunt Servanda (Markets and the Law)
by Normann WitzlebThis collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
Contract Law in Changing Times: Asian Perspectives on Pacta Sunt Servanda (Markets and the Law)
by Normann WitzlebThis collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
Contract Law in International Commercial Arbitration (International Arbitration Law Library #66)
by Peter SesterThe vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties’ right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas – formation of contracts, invalidity and public policy, contract interpretation, and damages for breach – and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. ‘Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.’ <p style="margin-left:2.5in;text-align:right; text-indent:.5in" class="MsoBodyText">Prof. George A. Bermann <p style="margin-left:2.5in;text-align:right; text-indent:.5in" class="MsoBodyText">Columbia University, New York City ‘This is a book that is not only useful but also close to market expectations. … Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties’ work with public policy considerations.’ <span style="mso-ansi-language: EN-GB">Prof. Dr Peter Nobel <span style="mso-ansi-language: EN-GB">Emeritus Universities St. Gallen and Zurich, Switzerland
Contract Law in Japan
by Hiroo Sono Luke Nottage Andrew Pardieck Kenji SaigusaDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan 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. 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. 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 Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Contract Management: Contractual Performance, Renegotiation, and Claims: How to Safeguard and Increase Profit Margins (Law for Professionals)
by Alain Brunet Franck CésarThis book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager’s goals are to protect the interests of the company and its shareholders by minimizing the company’s financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced “don’t-trade-a-dollar-for-a-penny” contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to “reinvent the wheel.” Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.
Contract Management
by Peter SammonsContract management is a key management skill, yet it is underplayed in most organizations, which usually default to project management skills as a proxy for contract management skills. Whilst project management skills are equally essential, they are not the same thing. Contract Management looks at the wider contract management picture from an industrial-commercial perspective, and helps set-out typical structures and processes that assist the contract management task. The author uses diagramatic representations to depict complex ideas. Contract Management includes "learning points" in each chapter, looking at handling problems, procedural changes and enhancing commercial performance.
Contract Modifications in EU Procurement Law (Elgar European Law and Practice series)
by Piotr BogdanowiczContract Modifications in EU Procurement Law provides readers with a comprehensive overview of the process of contract modification under European Union (EU) procurement law. The book examines the origin of the regulations pertaining to modifications, the legal grounds for modification and limitations under current rules. In addition, the book outlines the legal effects of carrying out a modification breach under EU law.Key features include:analysis of the criteria which must be met under the EU Public Procurement Directive (2014/24/EU) to ensure a modification is compliant with EU lawfresh examination of the EU Court of Justice's decisions in cases relating to contract modifications and Directive 2014/24/EU more widelyconsideration of contract modifications both from practical and theoretical perspectives.This authoritative book will be a valuable resource for professionals in both the public and private sectors when establishing whether a given modification can be made in practice. It will also serve as an excellent source of knowledge about the modification of a contract in the EU for academics in the areas of commercial and EU law.
Contract Negotiation Handbook: Getting the Most Out of Commercial Deals
by Damian WardA good commercial contract is both a springboard and a safety net -- it provides the opportunity to expand and grow your business, but also to protect it if things go wrong. In a tough commercial world, getting the best deal you can is paramount. The Contract Negotiation Handbook demystifies complex legal principles so that busy businesspeople can quickly and easily digest them. With clear, practical examples and case studies to help illustrate and explain different types of contracts and contractual situations, this comprehensive handbook will help you: prepare for negotiations and identify contractual terms make sure you have covered the ‘springboard and the safety net' -- combining the appealing and less appealing aspects of contracts identify the type of negotiator that your counter party is and how that affects your negotiations develop an overview of contract law devise a negotiation strategy identify whether you are in a contractual dispute prepare for and acquire the best result out of any contractual dispute.
The Contract of Carriage: Multimodal Transport and Unimodal Regulation (Contemporary Commercial Law)
by Paula BäckdénThe Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier’s liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.
The Contract of Carriage: Multimodal Transport and Unimodal Regulation (Contemporary Commercial Law)
by Paula BäckdénThe Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier’s liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.
Contract Options for Buyers and Sellers of Talent in Professional Sports (Palgrave Pivots in Sports Economics)
by Duane W Rockerbie Stephen T. EastonThis Palgrave Pivot re-examines salary formation in Major League Baseball in light of real option theory to clarify the connection between salary and marginal revenue product for professional baseball players. Current literature has tended to treat single-year and multi-year contracts similarly, ignoring the potential option value for teams and for players. Recent work points to the observation that both high-productivity and low-productivity athletes have salaries that systematically differ from their marginal revenue product, and that free agents signing multi-year contracts are overpaid relative to free agents signing one-year contracts. This book argues that the value of signing an athlete to a contract should be determined similarly to the determination of the value of an investment project or a financial asset. This book demonstrates how to calculate the value of real options to the player and the team owner with a simple two-year contract, and offers extensions to the real options model for multiyear contracts or when a player is early or late in his career.
Contract Practice for Surveyors
by Simon Birchall J W RamusThis book provides a detailed guide to the principles and practice of construction contracts. It is written for both students and professionals working in all branches of surveying and construction. Based around the JCT 05 Standard Building Contracts, it has been fully revised and updated to reflect the latest versions of these contracts. The book sets out clearly what should be done at each stage of the construction contract process. Each step is illustrated with examples of good practice making clear the role and responsibilities of the surveyor and how responsibilities are best delivered. This fourth edition of Contract Practice for Surveyors builds on the book's reputation for clarity and simplicity to provide the most accessible and useful introductory guide to construction contracts available today.
Contract Practice for Surveyors
by Simon Birchall J W RamusThis book provides a detailed guide to the principles and practice of construction contracts. It is written for both students and professionals working in all branches of surveying and construction. Based around the JCT 05 Standard Building Contracts, it has been fully revised and updated to reflect the latest versions of these contracts. The book sets out clearly what should be done at each stage of the construction contract process. Each step is illustrated with examples of good practice making clear the role and responsibilities of the surveyor and how responsibilities are best delivered. This fourth edition of Contract Practice for Surveyors builds on the book's reputation for clarity and simplicity to provide the most accessible and useful introductory guide to construction contracts available today.
The Contract Scorecard: Successful Outsourcing by Design
by Sara CullenAdoption and use of a contract scorecard demonstrates a maturing ability to manage commercial outsourcing arrangements. The process of designing the scorecard helps you nail down the key outcomes and avoid lack of focus, inconsistent objectives, hidden costs, indifferent service and deteriorating relationships with your contract partners. Sara Cullen's The Contract Scorecard will help you design and drive successful contracts. It offers a systematic guide based on practical advice and examples; one that explains the Contract Scorecard concept and demonstrates crucial implementation activities such as: ¢ The development of performance measures that work ¢ Sound Service Level Agreements that make obligations clear ¢ A Governance Charter that ensures both parties will adopt successful management techniques An upfront investment in your contracts, from a commercial rather than legal perspective is probably the single most influential activity you can undertake; one that will ensure your outsourcing relationships have clear business goals as the focus of the deal. Reading a copy of Sara Cullen's The Contract Scorecard should be the first step in that investment.
The Contract Scorecard: Successful Outsourcing by Design
by Sara CullenAdoption and use of a contract scorecard demonstrates a maturing ability to manage commercial outsourcing arrangements. The process of designing the scorecard helps you nail down the key outcomes and avoid lack of focus, inconsistent objectives, hidden costs, indifferent service and deteriorating relationships with your contract partners. Sara Cullen's The Contract Scorecard will help you design and drive successful contracts. It offers a systematic guide based on practical advice and examples; one that explains the Contract Scorecard concept and demonstrates crucial implementation activities such as: ¢ The development of performance measures that work ¢ Sound Service Level Agreements that make obligations clear ¢ A Governance Charter that ensures both parties will adopt successful management techniques An upfront investment in your contracts, from a commercial rather than legal perspective is probably the single most influential activity you can undertake; one that will ensure your outsourcing relationships have clear business goals as the focus of the deal. Reading a copy of Sara Cullen's The Contract Scorecard should be the first step in that investment.
Contract Strategies for Major Projects: Mastering the Most Difficult Element of Project Management
by Edward W. MerrowMajor Projects are Delayed by Months or Years, and Cost Millions More Than Budgeted, Because of Common Mistakes Made at the Contracting StageOrganizations that invest huge amounts of capital in major building/industrial projects almost never do the engineering and building themselves. They hire engineering and construction contractors to do it for them. Unfortunately, selecting contractors and negotiating the terms of a major project is one of the most difficult aspects of project management...and organizations waste billions of dollars and "bake in" months or years of delay by doing it wrong. Contracting is also the area of project management that is most prone to firmly held opinions unencumbered by any facts. We intend to remedy that situation with this book. Drawing on a properietary detailed database of over 1100 major projects, the world's leading industrial engineering project consultant, Ed Merrow explains: Key Principles of Contracting for Major Projects: Owners are from Mars; contractors are from Venus All the biggest risks in contracting belong to the owner Contracting &“games&” will normally be won by contractors, not owners Most risk transfer from owners to contractors is an illusion Contractors do good projects well and bad projects poorly Contractors may have shareholders, but they are not your shareholders! Mixing different contract types with different contractors on the same project is unwise Economize on the need for trust; trust only when being trustworthy has value Merrow also explains: Which contract incentives work and which don&’t and WHY Which of over a dozen contracting strategies work best and which ones hardly ever work and WHY The strategic advice in this book is designed for owners and contractor project managers, team members and supply chain, executives, and other business leaders involved in major projects. It's also an indispensable resource for engineers, leaders of industrial firms, bankers, and academics studying the messy realities of the construction and engineering industries.
Contract Strategies for Major Projects: Mastering the Most Difficult Element of Project Management
by Edward W. MerrowMajor Projects are Delayed by Months or Years, and Cost Millions More Than Budgeted, Because of Common Mistakes Made at the Contracting StageOrganizations that invest huge amounts of capital in major building/industrial projects almost never do the engineering and building themselves. They hire engineering and construction contractors to do it for them. Unfortunately, selecting contractors and negotiating the terms of a major project is one of the most difficult aspects of project management...and organizations waste billions of dollars and "bake in" months or years of delay by doing it wrong. Contracting is also the area of project management that is most prone to firmly held opinions unencumbered by any facts. We intend to remedy that situation with this book. Drawing on a properietary detailed database of over 1100 major projects, the world's leading industrial engineering project consultant, Ed Merrow explains: Key Principles of Contracting for Major Projects: Owners are from Mars; contractors are from Venus All the biggest risks in contracting belong to the owner Contracting &“games&” will normally be won by contractors, not owners Most risk transfer from owners to contractors is an illusion Contractors do good projects well and bad projects poorly Contractors may have shareholders, but they are not your shareholders! Mixing different contract types with different contractors on the same project is unwise Economize on the need for trust; trust only when being trustworthy has value Merrow also explains: Which contract incentives work and which don&’t and WHY Which of over a dozen contracting strategies work best and which ones hardly ever work and WHY The strategic advice in this book is designed for owners and contractor project managers, team members and supply chain, executives, and other business leaders involved in major projects. It's also an indispensable resource for engineers, leaders of industrial firms, bankers, and academics studying the messy realities of the construction and engineering industries.
Contract Termination in International and Domestic Trade: Buyers’ Rights Under Contract Law
by Bashayer Al-MukhaizeemThis book highlights the right to terminate a contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade.In the modern landscape of globalised trade, the imperative of a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood and abided by globally. This book focuses on the termination of contracts, one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches by the seller dealt in this book are confined to breaches of contractual description, delivery time and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating contractual termination by CISG as a transnational law, as well as the Sale of Goods Act 1979 (SGA) and Kuwaiti law (KLaw), both of which are national laws of non-contracting states of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing the pros and cons of each system.The book will be of interest to practitioners, students, and scholars in the fields of contract law, trade law, commercial law and international law.
Contract Termination in International and Domestic Trade: Buyers’ Rights Under Contract Law
by Bashayer Al-MukhaizeemThis book highlights the right to terminate a contract, yielding invaluable insights to enable policymakers and legal practitioners to facilitate international trade.In the modern landscape of globalised trade, the imperative of a harmonised legal framework of contract law capable of fostering stability and trust in cross-border trade has never been more pronounced. This is represented in the United Nations Convention on Contracts for the International Sale of Goods (CISG), providing rules that can be known, understood and abided by globally. This book focuses on the termination of contracts, one of the harshest remedies when a sale of goods contract is breached by the seller. Breaches by the seller dealt in this book are confined to breaches of contractual description, delivery time and quality of goods, which are the most common violations of sale of goods contracts. This book scrutinises the methods adopted for challenging or facilitating contractual termination by CISG as a transnational law, as well as the Sale of Goods Act 1979 (SGA) and Kuwaiti law (KLaw), both of which are national laws of non-contracting states of CISG. This study also draws attention to lacunae and practical issues, focusing on critical analyses of law and cases, and recognises the adopted themes underlying each law to find the degree of their legal clarity and the threshold upon which termination can be granted. This comprehensive analysis also provides inspiration for beneficial changes by weighing the pros and cons of each system.The book will be of interest to practitioners, students, and scholars in the fields of contract law, trade law, commercial law and international law.
Contract Theory: Discrete- and Continuous-Time Models
by Jaeyoung SungThis book provides a self-contained introduction to discrete-time and continuous-time models in contracting theory to advanced undergraduate and graduate students in economics and finance and researchers focusing on closed-form solutions and their economic implications. Discrete-time models are introduced to highlight important elements in both economics and mathematics of contracting problems and to serve as a bridge for continuous-time models and their applications. The book serves as a bridge between the currently two almost separate strands of textbooks on discrete- and continuous-time contracting models This book is written in a manner that makes complex mathematical concepts more accessible to economists. However, it would also be an invaluable tool for applied mathematicians who are looking to learn about possible economic applications of various control methods.
Contract Theory for Wireless Networks (Wireless Networks)
by Yanru Zhang Zhu HanThis book presents theoretical research between wireless communications, networking, and economics using the framework of contract theory. This work fills a void in the literature by closely combining contract theoretical approaches with wireless networks design problems. Topics covered include classification in contract theory, reward design, adverse selection, and moral hazard. The authors also explore incentive mechanisms for device-to-device communication in cellular networks, insurance plans for service assurance in cloud computing markets with incomplete information, multi-dimensional incentive mechanisms and tournament based incentive mechanisms in mobile crowdsourcing. Financial applications include financing contracts with adverse selection for spectrum trading in cognitive radio networks and complementary investment of infrastructure and service providers in wireless network visualization. This book offers a useful reference for engineers and researchers in the wireless communication community who seek to integrate the notions from contract theory and wireless engineering, while emphasizing on how contract theory can be applied in wireless networks. It is also suitable for advanced-level students studying information systems or communications engineering.
A Contract with the Earth
by Newt Gingrich Terry L. MapleFocusing the environmental debate on the principle of common commitment, former Speaker of the House Newt Gingrich and eminent conservationist Terry L. Maple present A Contract with the Earth. They declare a need for bipartisan environmentalism—a new era of environmental stewardship with principles that they believe most Americans will share. While acknowledging that liberals and conservatives do not see eye to eye on many issues, Gingrich and Maple argue successfully that environmental stewardship is a mainstream value that transcends partisan politics. Their thoughtful approaches to our environmental challenges are based on three main premises: environmental leadership is integral to America's role in the world, technologically savvy environmental entrepreneurs can and should be the cornerstone of environmental solutions, and cooperation and incentives must be dramatically increased to achieve workable and broadly supported environmental solutions.Gingrich and Maple believe that most people—regardless of how they categorize themselves politically—are weary of the legal and political conflicts that prevent individuals and communities from realizing the benefits of environmental conservation. The foundation of the book—a ten-point Contract with the Earth—promotes ingenuity over rhetoric as the way forward.
A Contract with the Earth (PDF)
by Newt Gingrich Terry L. MapleFocusing the environmental debate on the principle of common commitment, former Speaker of the House Newt Gingrich and eminent conservationist Terry L. Maple present A Contract with the Earth. They declare a need for bipartisan environmentalism�a new era of environmental stewardship with principles that they believe most Americans will share. While acknowledging that liberals and conservatives do not see eye to eye on many issues, Gingrich and Maple argue successfully that environmental stewardship is a mainstream value that transcends partisan politics. Their thoughtful approaches to our environmental challenges are based on three main premises: environmental leadership is integral to America's role in the world, technologically savvy environmental entrepreneurs can and should be the cornerstone of environmental solutions, and cooperation and incentives must be dramatically increased to achieve workable and broadly supported environmental solutions.Gingrich and Maple believe that most people�regardless of how they categorize themselves politically�are weary of the legal and political conflicts that prevent individuals and communities from realizing the benefits of environmental conservation. The foundation of the book�a ten-point Contract with the Earth�promotes ingenuity over rhetoric as the way forward.
Contracting and Contract Law in the Age of Artificial Intelligence
by Martin Ebers, Cristina Poncibò and Mimi ZouThis book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.