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International Business Transactions Fundamentals
by Ronald A. BrandDesigned 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 second edition refines and updates the materials in the first edition in a manner intended to be useful not only to students but as a desk book for practitioners. 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. Matters covered include: • the basic export-import sales contract; • the use of price-delivery terms to allocate both price and risk; • the application and use of the United Nations Sales Convention (CISG); • events which may excuse the nonperformance of a contract obligation; • when and how to opt in or out of the CISG; • financing the export sale with a commercial letter of credit; • a basic understanding of the WTO trade regulation system; • the regulation of importation, including tariff classification and valuation; • the regulation of exportation, including licensing and extraterritorial application of export laws; • U.S. and EU Rules affecting the professional liability of international transactions lawyers; • planning for the resolution of disputes in international transactions; • a comparative law understanding jurisdiction, applicable law, and judgments recognition; • issues affecting choices between arbitration and litigation of disputes; • drafting choice of forum clauses; • drafting choice of law clauses; • understanding rules regarding judgments obligations stated in foreign currencies; • recent multilateral efforts to harmonize the law on jurisdiction and judgments recognition; • dealing with and avoiding claims of sovereign immunity and act of state; • operating abroad through employees, agents, and distributors; • anti-bribery laws and the need for compliance programs and contract restrictions; • expropriation, political risk, and how to use insurance and contract terms to deal with them; • investor-state contracts; • antitrust laws and their extraterritorial application. Each chapter is designed to help the reader move from the simple cross-border sales transaction through steps which increase both activity abroad and the laws and regulations that may 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. 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.
International Business Transactions Fundamentals, Documents: Documents
by Ronald A. BrandThis Documents volume is a companion to International Business Transactions Fundamentals, Documents, Second Edition (Kluwer Law International, ISBN 9789041190925) and provides all the supporting sources for students and practitioners seeking information on international commercial law.
International Businesses and the Challenges of Poverty in the Developing World: Case Studies on Global Responsibilities and Practices
by F. Bird S. HermanWe live in a globally interconnected but economically divided world where internationally linked businesses can play a significant role in helping and/or obstructing the development of impoverished countries. Through a series of case studies, this volume examines what can be learned, both positively and critically, from the experiences of selected internationally connected firms in Nigeria, Uganda, Ghana, Vietnam, Guyana, and the Nunavik region of northern Canada. This book begins with a set of reflections on the strategies firms might adopt so that they develop both their own assets as well as those of the areas in which they operate. A team of more than two dozen researchers from the developed and developing countries conducted the research on which the essays on this and subsequent volumes are based. Dr Frederick Bird from Concordia University in Montreal directed the overall research project.
International Capital Markets: Law and Institutions
by Cally JordanThis accessible work provides critical analysis and context to international capital markets, their regulation, and their institutions. It is written from a comparative and international perspective and analyses regulatory approaches in the US, UK, and EU, as well as smaller markets engaging in successful innovation. International Capital Markets presents a comprehensive volume drawing the field of international capital markets regulation and institutions together, split into sections addressing the characteristics of capital markets, the basic principles of their regulation, and their institutions; the regulatory characteristics in significant markets including the US, UK, EU, and Asia, and examines how these interact with each other; market institutions, trading venues, and intermediaries; and the capital market activities of international financial institutions such as the IMF and The World Bank. This second edition considers the impact of Brexit on capital markets in Europe and analyses developments in regulation and approach as a consequence of the shifting dynamics in the UK and EU markets. The activity and efficacy of regulators such as the European Securities and Markets Authority (ESMA) and International Organization of Securities Commission (IOSCO) are examined in the context of the EU and international markets respectively. In Asia, the capital markets have also seen many changes since the first edition, particularly in Hong Kong and China. These developments are analysed and the legal and practical implications are explained. This single volume presents a conceptual overview of the regulatory landscape and an understanding of the background and operation of the non-domestic regulation in this area, making it a comprehensive yet accessible resource for practicing lawyers, bankers, regulators, academics, and postgraduate students interested in international capital markets.
International Capital Markets: Law and Institutions
by Cally JordanThis accessible work provides critical analysis and context to international capital markets, their regulation, and their institutions. It is written from a comparative and international perspective and analyses regulatory approaches in the US, UK, and EU, as well as smaller markets engaging in successful innovation. International Capital Markets presents a comprehensive volume drawing the field of international capital markets regulation and institutions together, split into sections addressing the characteristics of capital markets, the basic principles of their regulation, and their institutions; the regulatory characteristics in significant markets including the US, UK, EU, and Asia, and examines how these interact with each other; market institutions, trading venues, and intermediaries; and the capital market activities of international financial institutions such as the IMF and The World Bank. This second edition considers the impact of Brexit on capital markets in Europe and analyses developments in regulation and approach as a consequence of the shifting dynamics in the UK and EU markets. The activity and efficacy of regulators such as the European Securities and Markets Authority (ESMA) and International Organization of Securities Commission (IOSCO) are examined in the context of the EU and international markets respectively. In Asia, the capital markets have also seen many changes since the first edition, particularly in Hong Kong and China. These developments are analysed and the legal and practical implications are explained. This single volume presents a conceptual overview of the regulatory landscape and an understanding of the background and operation of the non-domestic regulation in this area, making it a comprehensive yet accessible resource for practicing lawyers, bankers, regulators, academics, and postgraduate students interested in international capital markets.
International Cargo Insurance (Lloyd's Shipping Law Library)
by John DuntInternational Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
International Cargo Insurance (Lloyd's Shipping Law Library)
by John DuntInternational Cargo Insurance examines the law and practice of marine cargo insurance on a worldwide basis, and provides the busy practitioner the information needed to quickly and accurately resolve cargo insurance coverage issues, wherever they may arise. The book concentrates on the law in the United States and England. It then examines other countries with a common law tradition including Hong Kong, Singapore, Japan and Australia. The civil law systems are highlighted in a number of key trading nations: Italy, Germany, France and Norway. The book includes chapters on South Africa as well as the People’s Republic of China. It concludes with a comparative law chapter concentrating on issues that arise in practice in cargo coverage cases. This chapter also examines how the Institute Cargo Clauses have been construed by Courts worldwide. The appendices include the standard cargo policy insurance terms used in each jurisdiction, some translated for the first time for this volume, as well as translations of the relevant statutes and commercial codes, many not available elsewhere.
International Carriage Of Goods By Road: Cmr (Maritime And Transport Law Library (5th edition))
by Malcolm ClarkeThis key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability
International Carriage Of Goods By Road: CMR (Maritime And Transport Law Library (5th edition))
by Malcolm ClarkeThis key text analyses the international carriage of goods by road under the provisions of the CMR Convention. The updates in the fifth edition include: In Part I on CMR: • Cases on CMR in England • New cases in the higher courts other countries, notably Austria, France, Germany and Holland, many concerned with theft and ‘wilful misconduct’ • Advent of the Rotterdam Rules 2009 and their impact inland on CMR • Electronic consignment notes In Part II on English Domestic Law: Developments in the law of obligations affecting contracts of carriage: • Negligence • Conversion • Contract construction • Good faith • Vicarious liability
International Carriage of Goods by Road: Cmr (Maritime and Transport Law Library)
by Malcolm A. ClarkeNow in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
International Carriage of Goods by Road: Cmr (Maritime and Transport Law Library)
by Malcolm A. ClarkeNow in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
International Carriage Of Goods By Road: CMR (PDF)
by Malcolm A. Clarke Malcolm ClarkeNow in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
International Carriage Of Goods By Road: CMR
by Malcolm A. Clarke Malcolm ClarkeNow in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in failure to guard the vehicle Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
International Carriage Of Goods By Road: CMR (PDF)
by Malcolm A. Clarke Malcolm ClarkeNow in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law and legislation both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in the light of the German Transport Law Reform Act 1998 and the new Dutch Civil Code Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
International Carriage Of Goods By Road: CMR
by Malcolm A. Clarke Malcolm ClarkeNow in its sixth edition, this key text provides a comprehensive analysis of the international carriage of goods by road under the provisions of the CMR Convention. The author offers unparalleled coverage of both English and European case law in a text that is praised for its accessible, user-friendly style. This new edition is fully updated with the very latest in case law and legislation both internationally and on a domestic level, including: New developments on the applicability of the CMR to multimodal transport, as per the Godafoss case The concept of the "wilful misconduct" in the light of the German Transport Law Reform Act 1998 and the new Dutch Civil Code Thorough analysis of TNT Express Nederland BV v AXA Versicherung AG It also provides new coverage of the impact of e-commerce on road haulage. This book is an invaluable reference tool for transport practitioners with an international and domestic client base. It is also a useful guide for academics and students of the carriage of goods by road.
International Centre for Settlement of Investment Disputes (ICSID)
by Yarik KryvoiDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID) 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’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’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. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Centre for Settlement of Investment Disputes (ICSID) 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.
International Centre for Settlement of Investment Disputes (ICSID)
by Yarik KryvoiDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID)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’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’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. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Centre for Settlement of Investment Disputes (ICSID) 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.
International Challenges in Investment Arbitration (Routledge Research in International Economic Law)
by Mesut Akbaba Giancarlo CapurroAs the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.
International Challenges in Investment Arbitration (Routledge Research in International Economic Law)
by Mesut Akbaba Giancarlo CapurroAs the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.
International Charitable Giving
Recent years have seen increased interest in international philanthropy and cross-border charitable giving. A new generation of high-net-worth individuals, keen to dedicate part of their wealth to philanthropic purposes, and an increasingly global charitable landscape raise a range of complex issues. What is a 'charity'? Does that definition vary from one jurisdiction to another? Are domestic charities taxed differently to foreign organizations? Written by a team of experts from around the world, International Charitable Giving provides a detailed and much-needed treatment of the interaction between the various legal systems at play in this complicated area of the law. By untangling the many issues facing practitioners, it facilitates clear and comprehensive advice to donors and recipients alike. The book provides a comprehensive picture of the most important issues relevant to charitable giving and philanthropy worldwide, including taxation, issues surrounding money laundering and terrorist financing, and the role of EU Law. Alongside a thorough discussion of the broader issues impacting on charitable donation, the book includes a range of chapters on specific national legal systems, including Switzerland, Israel, and Hong Kong, as well as a chapter on Islamic Law. Each of the jurisdictions has been selected because of its tradition of charitable giving and relevance to the transfer of charitable monies internationally, as well as its importance in relation to the jurisprudence in the field. Expertly written, these chapters provide a detailed survey of the laws, regulations, and policies governing charities and their activities in the relevant jurisdiction, together with an examination of the procedures to be followed for tax-efficient transborder charitable giving.
International Child Abduction: The Inadequacies of the Law (Studies in Private International Law)
by Thalia KrugerInternational child abduction occurs when one parent wrongfully (ie in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for abduction, the quest for the return of the child (including legal proceedings) and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured.
International Child Abduction: The Inadequacies of the Law (Studies in Private International Law)
by Thalia KrugerInternational child abduction occurs when one parent wrongfully (ie in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analysing cases from 2007 and 2008 and interviewing affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for abduction, the quest for the return of the child (including legal proceedings) and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favoured.
International Child Law
by Trevor BuckInternational Child Law examines and discusses the international legal framework and issues relating to children. Analysing both public and private international legal aspects, this cross-disciplinary text promotes an understanding of the ongoing development of child law, children’s rights and the protection of the child. Examining the theoretical background to the law, and providing a concise and clear overview of the instruments and institutions that protect children internationally, this text then focuses on key themes and issues in child law and children’s rights. This new edition has been updated and revised throughout, including expanded material on the UN Convention on the Rights of the Child, as well as discussion of recent landmark developments on the law relating to recruiting child soldiers as a result of Lubanga (2012). The third edition also includes a new case study feature that critically considers key themes and issues in international child law in a real world context. Drawing on a range of legal and other disciplines, International Child Law is a valuable resource for those in the course of study and research in this area.
International Child Law
by Trevor BuckInternational Child Law examines and discusses the international legal framework and issues relating to children. Analysing both public and private international legal aspects, this cross-disciplinary text promotes an understanding of the ongoing development of child law, children’s rights and the protection of the child. Examining the theoretical background to the law, and providing a concise and clear overview of the instruments and institutions that protect children internationally, this text then focuses on key themes and issues in child law and children’s rights. This new edition has been updated and revised throughout, including expanded material on the UN Convention on the Rights of the Child, as well as discussion of recent landmark developments on the law relating to recruiting child soldiers as a result of Lubanga (2012). The third edition also includes a new case study feature that critically considers key themes and issues in international child law in a real world context. Drawing on a range of legal and other disciplines, International Child Law is a valuable resource for those in the course of study and research in this area.
International Child Law
by Trevor BuckInternational Child Law examines the international laws for children at both a global and a regional level. In particular the UN Convention on the Rights of the Child is described and critically assessed, while at the regional level the child in Europe is examined and how far the ECHR is engaged as a vehicle to progress childrens rights. Other key issues, increasing regulated by international child law, are spotlighted: child labour, child abduction and inter-country adoption.This book provides the reader with a sound understanding of the international law framework and issues relating to children and is a useful resource to those undertaking advanced study and or research in this area.