- Table View
- List View
International Bank and Other Guarantees Handbook: Europe
by Yann Aubin, Louis de Longeaux, Jean-Claude VecchiattoFamiliarity with guarantees and how they function under various national jurisdictions are essential for principals, guarantors, and beneficiaries of international contracts. This enormously useful handbook provides a practical overview of the guarantee regimes in twenty-eight European countries, with country-by-country contributions from regional expert practitioners and academics. For easy comparison, each country report follows the same structure, from preliminary discussion on the provisions of a guarantee to its negotiation, drafting, and enforcement. Focusing on specific issues to consider at every stage, each chapter provides detailed information and guidance on such aspects as the following: . who can issue guarantees; . limitations as to the type of obligations which may be subject to a guarantee; . issues relating to the protection of the contracting parties; . formal requirements which need to be complied with; . stamp duties or other tax payable; . presence of implied terms; . legal framework applicable to joint and several obligations; . modification of the situation; . conditions for release and actions to be taken to ensure a valid release; . opening of bankruptcy proceedings against the principal; . court enforcement; and . incorporation of uniform rules. Each chapter includes references and model guarantee forms that readers can use to draft their own documents. Invaluable to corporate counsel and law firms with an international practice, this peerless handbook will prove the first order of business in trade negotiations across Europe, among European nations themselves as well as with their global partners.
International Bank and Other Guarantees Handbook: Middle East and Africa Volume
by Yann Aubin; Louis de Longeaux; Jean-Claude VecchiattoThe International Bank and Other Guarantees Handbook provides a practical examination of the laws of 19 countries (and groups of countries) in the Middle East and Africa regions in respect to bank and other guarantees. It also contains, among other things, various guarantees forms. The aim of each country-specific chapter of the Handbook is to provide actionable information designed to guide legal or other practitioners in such jurisdiction. The editors, Mr. Yann Aubin, Mr. Jean-Claude Vecchiatto and Mr. Louis de Longeaux, deal with guarantees in an international context on a daily basis in the course of their respective positions as in-house lawyers of Fortune 500 multinational companies and partner of a multinational law firm. Yann Aubin is the Director of Legal Operations [and Deputy General Counsel] at Schlumberger based in Paris. He is the co-editor of the Export Control Laws and Regulations Handbook. Jean-Claude Vecchiatto is Vice President, Head of Corporate & Project Finance, Legal Affairs at the European Aeronautic Defence and Space Company, EADS, based in France and Germany. Louis de Longeaux is a partner with Orrick, Herrington & Sutcliffe law firm based in China, England, France, Germany, Italy, Japan, Russia, Taipei and USA. The International Bank and Other Guarantees Handbook is invaluable to any international trade professional (lawyer, finance manager, project manager, etc.) or entity with a need to know the specific requirements to be complied within the jurisdiction in question for the efficient use of bank or other related guarantees.
International Bank Crisis Management: A Transatlantic Perspective (Hart Studies in Commercial and Financial Law)
by Marco BodelliniThis book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved.Building on a broad working definition of 'bank crisis management' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets. The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.
International Bank Crisis Management: A Transatlantic Perspective (Hart Studies in Commercial and Financial Law)
by Marco BodelliniThis book analyses the legal regimes governing bank crisis management in the EU, UK, and US, discussing the different procedures and tools available as well as the regulatory architecture and the authorities involved.Building on a broad working definition of 'bank crisis management' and referring to several cases, the book explores the techniques and approaches employed by the authorities to deal with troubled banks on both sides of the Atlantic. The legal analysis distinguishes between procedures and tools aimed at liquidating the bank in crisis vis-à-vis those aimed at restructuring. In this regard, attention is paid to the rules allowing for the use of public money in handling banks in trouble as well as to the role that deposit insurance schemes can play. Considerations on the impact on banks of the current crisis provoked by the COVID-19 pandemic are advanced, primarily focusing on the expected surge of non-performing loans as well as on ways to effectively manage these assets. The book approaches these issues from a comparative law perspective, providing law and economics considerations and focusing on strengths and drawbacks of the rules currently in force. The book advances policy considerations as well as reform proposals aiming at enhancing the legal regimes in force, with particular reference to the Consultation promoted in 2021 by the European Commission on the adoption of a new bank crisis management and deposit insurance framework in the Union.
The International Banking System: Capital Adequacy, Core Businesses and Risk Management
by Felix I. LessamboProvides a comprehensive and detailed understanding and analysis of banking businesses and their worldwide operations. Banks have become 'too big to fail', and too complex-to-manage in their inbound and outbound operations. This book gives the relevant details, approaches, and answers to these complex financial issues.
International Bankruptcy: The Challenge of Insolvency in a Global Economy
by Jodie Adams KirshnerWith the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
International Bankruptcy: The Challenge of Insolvency in a Global Economy
by Jodie Adams KirshnerWith the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
International Bankruptcy: The Challenge of Insolvency in a Global Economy
by Jodie Adams KirshnerWith the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
International Bankruptcy: The Challenge of Insolvency in a Global Economy
by Jodie Adams KirshnerWith the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
International Bar Association: A Commentary on Conciliation of Domestic Matters
by Yoshimatsu Terashimaation" and "Conciliation Terms," with further supplementary notes on "Methods of Conciliation of Domestic Matters." Inasmuch as the practice of domestic matters conciliation is a most important job, it is very difficult to describe it adequately. Feeling a great responsibility imposed upon my shoulder, I have to confess that I prepared this little pointer with great toil and application. I am afraid, however, that due to my mediocrity and immaturity I may have committed some inadvertent errors or dogmatic assertions. I am glad to say that after having shown this paper to my seniors I have obtained their approval on its publication. Just full three years have elapsed since I engaged myself in the conciliation of domestic matters. But that holy mysterious land of treasure lies still unconquered beyond many rivers and, mountains far in the distance. So we pilgrims must devote ourselves heart and soul to the steady progress of study. If this small work proves a mile stone towards our destination, I shall be happier than I expected. Relying on good walkers in our party, I sincerely pray that they will before long reach the summit of the sacred mountain where they can command a grand view of the vast field of legislation. (Jan. 1951) CHAPTER 1. INTRODUCTION 2. A men d men t tot h e C i viI Cod e and D 0 m est i c ReI a t ion s Law and the F ami 1 y C 0 u r t.
International Biolaw and Shared Ethical Principles: The Universal Declaration on Bioethics and Human Rights
by Cinzia Caporale Ilja Richard PavoneThe Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.
International Biolaw and Shared Ethical Principles: The Universal Declaration on Bioethics and Human Rights
by Cinzia Caporale and Ilja Richard PavoneThe Universal Declaration on Bioethics and Human Rights, 2005, marked a significant step towards the recognition of universal standards in the field of science and medicine. This book provides an overview of the ethical and legal developments which have occurred in the field of bioethics and human rights since then. The work critically analyzes the Declaration from an ethical and legal perspective, commenting on its implementation, and discussing the role of non-binding norms in international bioethics. The authors examine whether the Declaration has contributed to the understanding of universal or global bioethics, and to what degree states have implemented the principles in their domestic legislation. The volume explores the currency of the Declaration vis-à-vis the more recent developments in technology and medicine and looks ahead to envisage the major bioethical challenges of the next twenty years. In this context, the book offers a comprehensive ethical and legal study of the Declaration with an in-depth analysis of the meaning of the provisions, in order to clarify the extension of human rights in the field of medicine and the obligations incumbent upon UNESCO member States, with reference to their implementation practice.
International Business: New Challenges, New Forms, New Perspectives (The Academy of International Business)
by Simon HarrisProvides an in-depth analysis of some of the most recent challenges for international businesses, such as corporate social responsibility and the phenomenon of outward foreign direct investment from China. Reflects on the new perspectives in international business by presenting the experience of successful business experts in the field.
International Business: Adjusting to New Challenges and Opportunities (The Academy of International Business)
by Frank McDonald Colin WheelerPublished in association with the UK Chapter of the Academy of International Business (AIB), this ninth volume in the AIB series focuses on the new challenges and developments in the field of international business. The book successfully brings together an integrated set of research concepts and results to present some contrasting views about how international business is adjusting to the challenges and opportunities that the 21st century presents.
International Business and Global Climate Change
by Jonatan Pinkse Ans KolkClimate change has become an important topic on the business agenda with strong pressure being placed on companies to respond and contribute to finding solutions to this urgent problem. This text provides a comprehensive analysis of international business responses to global climate change and climate change policy. Embedded in relevant management literature, this book gives a concise treatment of developments in policy and business activity on global, regional and national levels, using examples and systematic data from a large number of international companies. The first part outlines the international climate policy landscape and voluntary initiatives taken by companies, both alone and together with others. The second part examines companies’ strategies, covering innovation for climate change, as well as compensation via emissions trading and carbon offsetting. Written by well-known experts in the field, International Business and Global Climate Change illustrates how an environmental topic becomes strategically important in a mainstream sense, affecting corporate decision-making, business processes, products, reputation, advertising, communication, accounting and finance. This is a must-read for academics as well as practitioners concerned with this issue.
International Business and Global Climate Change
by Jonatan Pinkse Ans KolkClimate change has become an important topic on the business agenda with strong pressure being placed on companies to respond and contribute to finding solutions to this urgent problem. This text provides a comprehensive analysis of international business responses to global climate change and climate change policy. Embedded in relevant management literature, this book gives a concise treatment of developments in policy and business activity on global, regional and national levels, using examples and systematic data from a large number of international companies. The first part outlines the international climate policy landscape and voluntary initiatives taken by companies, both alone and together with others. The second part examines companies’ strategies, covering innovation for climate change, as well as compensation via emissions trading and carbon offsetting. Written by well-known experts in the field, International Business and Global Climate Change illustrates how an environmental topic becomes strategically important in a mainstream sense, affecting corporate decision-making, business processes, products, reputation, advertising, communication, accounting and finance. This is a must-read for academics as well as practitioners concerned with this issue.
International Business and Institutions after the Financial Crisis (The Academy of International Business)
by Chris Jones Yama TemouriThe challenge in the post crisis world is how business, government and academia come together to foster conditions for sustainable economic development. Understanding this requires an examination of the fundamental principles of IB, including location decisions, returns to multinationality and links between government and business, and CSR.
International Business Ethics: Focus on China
by Stephan Rothlin Dennis McCannThis book addresses an essential need felt by many who seek to promote best business practices in China and East Asia – namely the need for culturally appropriate instructional materials (basic information, case studies and ethical perspectives) that will allow managers and entrepreneurs to understand and embrace the challenge of moral leadership in business. In an era characterized by globalization and the increasing importance of the economies of China, India, Japan and SE Asia, international business ethics must reflect the concerns of the people living and working in this area, the moral and spiritual traditions that have nurtured them and their specific contributions to sustainable development. This book presents twenty important case studies, taken from newsworthy events of the past few years, in which Asians and others have attempted to respond to this challenge. Each case study has been selected and shaped in order to highlight various aspects of doing business in Asia, starting with basic principles and moving on to the specific responsibilities that businesses have towards their various stakeholders. The authors contend that the best way to appreciate the relevance of Asian moral and spiritual traditions is to determine their specific contribution to virtue ethics, where the ancient traditions of both East and West converge in their focus on the qualities of moral leadership that form the basis of best business practice. Exploring the case studies will enable readers to appreciate the continued relevance of these ethical perspectives in Asian business. Best business practice clearly involves learning to do business and playing the game according to the rules; but the necessity of playing by the rules is not likely to become clear until one takes up the path that leads to a virtuous life in business, developing a moral character chiefly based on integrity.
International Business Law: Emerging Fields of Regulation
by Mark Fenwick Stefan WrbkaThis book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce.This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.
International Business Law: Emerging Fields of Regulation
by Mark Fenwick Stefan WrbkaThis book provides an accessible introduction to selected new issues in transnational law, and connects them to existing theoretical debates on transnational business regulation. More specifically, (i) it introduces the argument about the evolving character of contemporary international business regulation; (ii) it provides an overview of some of the main fields of law that are currently important for firms that operate across borders; and (iii) it sets out an interpretive framework for making sense of disparate developments occurring across a number of jurisdictions, among which are the form of regulation and style of enforcement, issues of legal certainty, and behavioural aspects of regulation. The selected topics are indicative of some key issues confronting businesses looking to operate across national borders, as well as policy makers seeking to introduce and enforce meaningful regulatory standards in an increasingly global society. Topics include: consumer law; product liability; warranty law and obsolescence; collective redress; alternative dispute resolution; corporate wrongdoing; corporate governance; and e-commerce.This timely work offers a novel perspective on transnational business law and examines a range of legal issues that preoccupy companies operating transnationally. This book is intended not only for law students looking for an introduction, overview or commentary on the contemporary state of international business law, but also for anyone looking for an introduction to the regulation of business in a global, inter-connected economy.
International Business Law and the Legal Environment: A Transactional Approach
by Larry A. DiMatteoThe fourth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and providing real-world applications. More concise than previous editions, this new edition also features: • Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology • Discussion of businesses and sustainability, climate change, and creating a circular economy • Greater focus on UNIDROIT Principles and a review of INCOTERMS 2020 • Expansion of common carrier coverage to include CMI trucking and CMR railway conventions • International perspective and use of a variety of national and international law materials • Great coverage of EU substantive law Upper-level undergraduate and postgraduate students of business law and international business will appreciate DiMatteo’s lucid writing style, and professionals will find this book to be a comprehensive resource. Online resources include an instructor’s manual, PowerPoint slides, test bank, and other tools to provide additional support for students and instructors.
International Business Law and the Legal Environment: A Transactional Approach
by Larry A. DiMatteoThe fourth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and providing real-world applications. More concise than previous editions, this new edition also features: • Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology • Discussion of businesses and sustainability, climate change, and creating a circular economy • Greater focus on UNIDROIT Principles and a review of INCOTERMS 2020 • Expansion of common carrier coverage to include CMI trucking and CMR railway conventions • International perspective and use of a variety of national and international law materials • Great coverage of EU substantive law Upper-level undergraduate and postgraduate students of business law and international business will appreciate DiMatteo’s lucid writing style, and professionals will find this book to be a comprehensive resource. Online resources include an instructor’s manual, PowerPoint slides, test bank, and other tools to provide additional support for students and instructors.
International Business Law and the Legal Environment: A Transactional Approach
by Larry A. DiMatteoInternational Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.
International Business Law and the Legal Environment: A Transactional Approach
by Larry A. DiMatteoInternational Business Law and the Legal Environment provides business students with a strong understanding of the legal principles that govern doing business internationally. Not merely about compliance, this book emphasizes how to use the law to create value and competitive advantage. DiMatteo’s transactional approach walks students through key business transactions—from import and export, contracts, and finance to countertrade, dispute resolution, licensing, and more—giving them both context and demonstrating real world application. This new edition also includes: New material on comparative contract and sales law & European private law; joint ventures and collaborative alliances. A new part on foreign direct investment that includes a chapter on emerging markets. New chapters on privacy law, and on environmental concerns. Greater coverage of the World Trade Organization. "Case highlights" and court opinions that feature edited court transcripts which expose students to actual legal reasoning and an understanding of the underlying legal principles. These decisions are drawn from a broad range of countries, offering a truly international look at the subject. Students of business law and international business courses will find DiMatteo’s clear writing style easy to follow. A companion web site includes an instructor’s manual, PowerPoints, and other tools to provide additional support for students and instructors.
International Business, Sustainability and Corporate Social Responsibility (Advances in Sustainability and Environmental Justice #11)
by Maria-Alejandra Gonzalez-Perez Liam LeonardThis is the first in a two volume study of Corporate Social Responsibility and corporate behaviour from around the world, taking in viewpoints from five continents and over ten countries. These case studies present a detailed analysis of best practice in the corporate world in the areas of social ethics and community engagement.