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Commentaries on the Laws of England, Volume 4: A Facsimile of the First Edition of 1765-1769
by William BlackstoneSir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece. Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar. Introducing this fourth and final volume, Of Public Wrongs, Thomas A. Green examines Blackstone's attempt to rationalize the severity of the law with what he saw as the essentially humane inspiration of English law. Green discusses Blackstone's ideas on criminal law, criminal procedure, and sentencing.
A Commentary on Jean-Paul Sartre's Critique of Dialectical Reason, Volume 1, Theory of Practical Ensembles: Theory Of Practical Ensembles
by Joseph S. CatalanoSartre’s Critique of Dialectical Reason ranks with Being and Nothingness as a work of major philosophical significance, but it has been largely neglected. The first volume, published in 1960, was dismissed as a Marxist work at a time when structuralism was coming into vogue; the incomplete second volume has only recently been published in France. In this commentary on the first volume, Joseph S. Catalano restores the Critique to its deserved place among Sartre’s works and within philosophical discourse as a whole. Sartre attempts one of the most needed tasks of our times, Catalano asserts—the delivery of history into the hands of the average person. Sartre’s concern in the Critique is with the historical significance of everyday life. Can we, he asks, as individuals or even collectively, direct the course of our history? A historical context for our lives is given to us at birth, but we sustain that context with even our most mundane actions—buying a newspaper, waiting in line, eating a meal. In looking at history, Sartre argues, reason can never separate the historical situation of the investigator from the investigation. Thus reason falls into a dialectic, always depending upon the past for guidance but always being reshaped by the present. Clearly showing the influence of Marx on Sartre’s thought, the Critique adds the historical dimension lacking in Being and Nothingness. In placing the Critique within the corpus of Sartre’s philosophical writings, Catalano argues that it represents a development rather than a break from Sartre’s existentialist phase. Catalano has organized his commentary to follow the Critique and has supplied clear examples and concrete expositions of the most difficult ideas. He explicates the dialogue between Marx and Sartre that is internal to the text, and he also discusses Sartre’s Search for Method, which is published separately from the Critique in English editions.
A Commentary on Jean-Paul Sartre's Critique of Dialectical Reason, Volume 1, Theory of Practical Ensembles: Theory Of Practical Ensembles
by Joseph S. CatalanoSartre’s Critique of Dialectical Reason ranks with Being and Nothingness as a work of major philosophical significance, but it has been largely neglected. The first volume, published in 1960, was dismissed as a Marxist work at a time when structuralism was coming into vogue; the incomplete second volume has only recently been published in France. In this commentary on the first volume, Joseph S. Catalano restores the Critique to its deserved place among Sartre’s works and within philosophical discourse as a whole. Sartre attempts one of the most needed tasks of our times, Catalano asserts—the delivery of history into the hands of the average person. Sartre’s concern in the Critique is with the historical significance of everyday life. Can we, he asks, as individuals or even collectively, direct the course of our history? A historical context for our lives is given to us at birth, but we sustain that context with even our most mundane actions—buying a newspaper, waiting in line, eating a meal. In looking at history, Sartre argues, reason can never separate the historical situation of the investigator from the investigation. Thus reason falls into a dialectic, always depending upon the past for guidance but always being reshaped by the present. Clearly showing the influence of Marx on Sartre’s thought, the Critique adds the historical dimension lacking in Being and Nothingness. In placing the Critique within the corpus of Sartre’s philosophical writings, Catalano argues that it represents a development rather than a break from Sartre’s existentialist phase. Catalano has organized his commentary to follow the Critique and has supplied clear examples and concrete expositions of the most difficult ideas. He explicates the dialogue between Marx and Sartre that is internal to the text, and he also discusses Sartre’s Search for Method, which is published separately from the Critique in English editions.
A Commentary on Jean-Paul Sartre's Critique of Dialectical Reason, Volume 1, Theory of Practical Ensembles: Theory Of Practical Ensembles
by Joseph S. CatalanoSartre’s Critique of Dialectical Reason ranks with Being and Nothingness as a work of major philosophical significance, but it has been largely neglected. The first volume, published in 1960, was dismissed as a Marxist work at a time when structuralism was coming into vogue; the incomplete second volume has only recently been published in France. In this commentary on the first volume, Joseph S. Catalano restores the Critique to its deserved place among Sartre’s works and within philosophical discourse as a whole. Sartre attempts one of the most needed tasks of our times, Catalano asserts—the delivery of history into the hands of the average person. Sartre’s concern in the Critique is with the historical significance of everyday life. Can we, he asks, as individuals or even collectively, direct the course of our history? A historical context for our lives is given to us at birth, but we sustain that context with even our most mundane actions—buying a newspaper, waiting in line, eating a meal. In looking at history, Sartre argues, reason can never separate the historical situation of the investigator from the investigation. Thus reason falls into a dialectic, always depending upon the past for guidance but always being reshaped by the present. Clearly showing the influence of Marx on Sartre’s thought, the Critique adds the historical dimension lacking in Being and Nothingness. In placing the Critique within the corpus of Sartre’s philosophical writings, Catalano argues that it represents a development rather than a break from Sartre’s existentialist phase. Catalano has organized his commentary to follow the Critique and has supplied clear examples and concrete expositions of the most difficult ideas. He explicates the dialogue between Marx and Sartre that is internal to the text, and he also discusses Sartre’s Search for Method, which is published separately from the Critique in English editions.
A Commentary on Jean-Paul Sartre's Critique of Dialectical Reason, Volume 1, Theory of Practical Ensembles: Theory Of Practical Ensembles
by Joseph S. CatalanoSartre’s Critique of Dialectical Reason ranks with Being and Nothingness as a work of major philosophical significance, but it has been largely neglected. The first volume, published in 1960, was dismissed as a Marxist work at a time when structuralism was coming into vogue; the incomplete second volume has only recently been published in France. In this commentary on the first volume, Joseph S. Catalano restores the Critique to its deserved place among Sartre’s works and within philosophical discourse as a whole. Sartre attempts one of the most needed tasks of our times, Catalano asserts—the delivery of history into the hands of the average person. Sartre’s concern in the Critique is with the historical significance of everyday life. Can we, he asks, as individuals or even collectively, direct the course of our history? A historical context for our lives is given to us at birth, but we sustain that context with even our most mundane actions—buying a newspaper, waiting in line, eating a meal. In looking at history, Sartre argues, reason can never separate the historical situation of the investigator from the investigation. Thus reason falls into a dialectic, always depending upon the past for guidance but always being reshaped by the present. Clearly showing the influence of Marx on Sartre’s thought, the Critique adds the historical dimension lacking in Being and Nothingness. In placing the Critique within the corpus of Sartre’s philosophical writings, Catalano argues that it represents a development rather than a break from Sartre’s existentialist phase. Catalano has organized his commentary to follow the Critique and has supplied clear examples and concrete expositions of the most difficult ideas. He explicates the dialogue between Marx and Sartre that is internal to the text, and he also discusses Sartre’s Search for Method, which is published separately from the Critique in English editions.
A Commentary on the Council of Europe Convention on Action against Trafficking in Human Beings (Elgar Commentaries series)
This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations. This Commentary includes an analysis of each article’s drafting history, alongside a contextualisation of its provisions with other anti-trafficking standards and a discussion of the core issues of interpretation. The Commentary also presents the first full exploration of the findings of the Convention’s monitoring body, the Group of Experts on Action against Trafficking in Human Beings (GRETA), providing a better understanding of the practical implications and challenges in relation to the Convention’s standards. Practitioners in the field of anti-trafficking, including lawyers, law enforcement agencies and providers of victim support services will find the Commentary’s concise analysis invaluable. It will also prove useful to researchers and students of human rights law, as well as to policymakers looking for guidance concerning obligations stemming from the Convention.
Commentary on the Energy Charter Treaty (Elgar Commentaries series)
The Commentary on the Energy Charter Treaty (ECT) provides a unique, article-by-article, textual analysis of this important international agreement. The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development. By binding governments to commitments that guarantee open markets, non-discrimination, and access to foreign investment, the ECT aims to strengthen the global rule of law on energy issues and, in doing so, reduce the risks associated with energy-related investment and trade. Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including issues such as energy efficiency and the environment. Clearly and logically organized, this commentary is an invaluable reference tool for those wanting to better understand the intricacies of the Treaty and its binding commitments. The Commentary will be an essential resource for practitioners, academics, and policymakers across the field of energy law and policy.
Commentary on the Energy Charter Treaty (Elgar Commentaries series)
This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.The ECT outlines a multilateral framework for cross-border cooperation in the energy sector based on the principles of open competitive markets and sustainable development. Expert contributors provide commentary and analysis on the five primary areas of the ECT: investment promotion and protection, trade, transit, environmental protection, and dispute settlement. The optional protocols are also addressed, including issues such as energy efficiency and the environment.Key Features:Comprehensive, article-by-article analysis of the ECTContributions by 25 leading academics and practitioners in the fieldUpdated coverage of the recent modernization process of the ECTThorough examination of key trends and important criticisms of the ECTRefreshed and revised, this new edition will be an indispensable reference point for academics, students, lawyers, economists, and policymakers working in energy law and policy.
Commentary on the European Insolvency Regulation
by Reinhard Bork, Kristin van ZwietenThis second edition of Commentary on the European Insolvency Regulation expands upon what has become a widely cited work on the recast EU Regulation on Insolvency Proceedings. It incorporates important developments in the case law since the Regulation was recast in 2015, as well as other significant updates. As with the first edition, it provides a detailed article-by-article commentary on the Regulation, written by a group of expert scholars and practitioners from a range of European jurisdictions. Drawing on a rich body of CJEU and national case law, as well as scholarly developments, analysis of the Regulation is accompanied by a chapter explaining the background to the Regulation's enactment and recasting, identifying its key features, and examining the relationship between the Regulation and new European Restructuring Directive. As well as retaining the distinctive features of the first edition—the multi-jurisdictional focus of the expert contributors, and in-depth examination of the legislative provision and case law —the second edition offers new analysis of issues that have arisen since the publication of the first edition in 2016, including updates on the impact of Brexit and the passage of the European Restructuring Directive in 2019. This edition of Commentary on the European Insolvency Regulation is therefore a key new work for all those who advise or research on the topic of European insolvency law.
Commentary on the European Insolvency Regulation
This second edition of Commentary on the European Insolvency Regulation expands upon what has become a widely cited work on the recast EU Regulation on Insolvency Proceedings. It incorporates important developments in the case law since the Regulation was recast in 2015, as well as other significant updates. As with the first edition, it provides a detailed article-by-article commentary on the Regulation, written by a group of expert scholars and practitioners from a range of European jurisdictions. Drawing on a rich body of CJEU and national case law, as well as scholarly developments, analysis of the Regulation is accompanied by a chapter explaining the background to the Regulation's enactment and recasting, identifying its key features, and examining the relationship between the Regulation and new European Restructuring Directive. As well as retaining the distinctive features of the first edition—the multi-jurisdictional focus of the expert contributors, and in-depth examination of the legislative provision and case law —the second edition offers new analysis of issues that have arisen since the publication of the first edition in 2016, including updates on the impact of Brexit and the passage of the European Restructuring Directive in 2019. This edition of Commentary on the European Insolvency Regulation is therefore a key new work for all those who advise or research on the topic of European insolvency law.
Commentary on the UN Sales Law (CISG)
by Christoph Brunner, Benjamin GottliebBuyers and sellers engaging in the cross-border sale of goods are well-advised to be conversant with the United Nations Convention on Contracts for the International Sale of Goods (CISG), which governs international sales contracts. The CISG has been ratified by 89 states, which together account for over three-quarters of all world trade. This practically-oriented, article-by-article commentary on the CISG will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. The in-depth annotations deal extensively with the legal issues likely to arise under each CISG article. The annotations include up-to-date analyses of state court and arbitral decisions, the legal doctrines derived from these decisions, and relevant scholarship to date. Among the issues and topics discussed are the following: interface with national laws; scope of application; obligations of seller and buyer; non-conforming goods and duty to notify; breach of contract and remedies; damages; force majeure exemption; and termination of contract and its consequences. This book is an updated translation of the second German edition of a valued resource in Germany, Switzerland, and Austria, and an authority regularly cited by the Swiss Supreme Court. The commentary is influenced by legal authorities from both civil law and common law backgrounds. Throughout, the contributors refer to the cisg-online.ch database, enabling users to locate decisions easily. User-friendly, focused on practical questions, concise but comprehensive, this article-by-article commentary provides a quick and trenchant overview of existing legal opinions and court/arbitral decisions. It will prove immensely valuable to legal practitioners, facilitating their formulation of reliable solutions to legal problems involving the CISG.
Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
by Stefan VogenauerThis new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition. This book is an essential reference source for lawyers wishing to understand the rules governing international contracts and how to apply the principles in practice. It is an indispensable tool for all lawyers and scholars working with international commercial contracts.
Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC)
This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition. This book is an essential reference source for lawyers wishing to understand the rules governing international contracts and how to apply the principles in practice. It is an indispensable tool for all lawyers and scholars working with international commercial contracts.
Commerce and Community: Ecologies of Social Cooperation (Economics as Social Theory)
by Robert F. Garnett Paul Lewis Lenore T. EalySince the end of the Cold War, the human face of economics has gained renewed visibility and generated new conversations among economists and other social theorists. The monistic, mechanical "economic systems" that characterized the capitalism vs. socialism debates of the mid-twentieth century have given way to pluralistic ecologies of economic provisioning in which complexly constituted agents cooperate via heterogeneous forms of production and exchange. Through the lenses of multiple disciplines, this book examines how this pluralistic turn in economic thinking bears upon the venerable social–theoretical division of cooperative activity into separate spheres of impersonal Gesellschaft (commerce) and ethically thick Gemeinschaft (community). Drawing resources from diverse disciplinary and philosophical traditions, these essays offer fresh, critical appraisals of the Gemeinschaft / Gesellschaft segregation of face-to-face community from impersonal commerce. Some authors issue urgent calls to transcend this dualism, whilst others propose to recast it in more nuanced ways or affirm the importance of treating impersonal and personal cooperation as ethically, epistemically, and economically separate worlds. Yet even in their disagreements, our contributors paint the process of voluntary cooperation – the space commerce and community – with uncommon color and nuance by traversing the boundaries that once separated the thin sociality of economics (as science of commerce) from the thick sociality of sociology and anthropology (as sciences of community). This book facilitates critical exchange among economists, philosophers, sociologists, anthropologists, and other social theorists by exploring the overlapping notions of cooperation, rationality, identity, reciprocity, trust, and exchange that emerge from multiple analytic traditions within and across their respective disciplines.
Commerce and Community: Ecologies of Social Cooperation (Economics as Social Theory)
by Robert F. Garnett Paul Lewis Lenore T. EalySince the end of the Cold War, the human face of economics has gained renewed visibility and generated new conversations among economists and other social theorists. The monistic, mechanical "economic systems" that characterized the capitalism vs. socialism debates of the mid-twentieth century have given way to pluralistic ecologies of economic provisioning in which complexly constituted agents cooperate via heterogeneous forms of production and exchange. Through the lenses of multiple disciplines, this book examines how this pluralistic turn in economic thinking bears upon the venerable social–theoretical division of cooperative activity into separate spheres of impersonal Gesellschaft (commerce) and ethically thick Gemeinschaft (community). Drawing resources from diverse disciplinary and philosophical traditions, these essays offer fresh, critical appraisals of the Gemeinschaft / Gesellschaft segregation of face-to-face community from impersonal commerce. Some authors issue urgent calls to transcend this dualism, whilst others propose to recast it in more nuanced ways or affirm the importance of treating impersonal and personal cooperation as ethically, epistemically, and economically separate worlds. Yet even in their disagreements, our contributors paint the process of voluntary cooperation – the space commerce and community – with uncommon color and nuance by traversing the boundaries that once separated the thin sociality of economics (as science of commerce) from the thick sociality of sociology and anthropology (as sciences of community). This book facilitates critical exchange among economists, philosophers, sociologists, anthropologists, and other social theorists by exploring the overlapping notions of cooperation, rationality, identity, reciprocity, trust, and exchange that emerge from multiple analytic traditions within and across their respective disciplines.
The Commerce Clause under Marshall, Taney, and Waite (Weil Lectures on American Citizenship)
by Felix FrankfurterThe power of the commerce clause touches most intimately the relations between government and economic enterprises, and the process by which the conflicting claims of the nation and states are mediated through the Supreme Court is of continuing interest. This study is a clear exposition of the various interpretations of the commerce clause under three great chief justices. Originally published in 1937.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
The Commercial Activity Exception to State Immunity: An Introduction (Principles of International Law series)
by Katherine Reece ThomasIn this insightful book, Katherine Reece Thomas explores the constantly evolving nature of state immunity, providing a nuanced analysis of the tension between private and public law. The current rules on the commercial activity exception to state immunity are examined, in both international and domestic law settings, using recent case studies from key jurisdictions including the UK and the US.Questioning when a state can be sued in a domestic court if it engages in commercial activities, Reece Thomas reveals how a restrictive rather than an absolute doctrine has been adopted and explores the ways in which states allow commercial activity to override state immunity. The implications of this, and of how commercial activity can therefore be defined, are explored through the contexts not only of corporate law but also of central bank sanctions, human rights, employment, and crime, using recent examples from Afghanistan as well as Russia’s invasion of Ukraine. Further questions regarding immunity are posed by a crucial discussion on enforcement against state assets.Comprehensive yet concise, this authoritative work includes consideration of a range of contexts and implications for the commercial activity exception. It provides a valuable resource for students, researchers and practitioners in international commercial law and public international law, as well as in international relations.
Commercial Agency Agreements: Law And Practice
by Susan SingletonCommercial Agency Agreements: Law and Practice, 4th edition looks at the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments.The fourth edition has been updated to include:New commercial agency cases which are analysed and implications of the judgments explained;Following the Jackson reforms and the new conditional fee and damages based agreements there have been major changes to the litigation regime in 2013 which have a significant impact on agents' claims for compensation;Best practice and guidance in light of case decisions on agency law and EU competition law changes.
Commercial Agency Agreements: Law And Practice
by Susan SingletonExamines the standard commercial agency agreement where an agent is self-employed and paid a commission on sales he or she generates for the principal as it is those agents that fall within the Regulations. It addresses the drafting of such agreements as well as termination and compensation and includes examples of agency contracts and coverage of the majority of UK judgments.The fifth edition has been updated to include: Ramsay v Typhoo Tea 2016 Software Incubator 2016 and application of the agency regulations to agency contracts Monk v Largo 2016 Invicta v International Brands 2013Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd (2119 Court of Appeal) relating to secret commissions and fiduciary duties of agents. W Nagel (a Firm) v Pluczenik Diamond Company NV 2018 Court of Appeal - about "commodity exchanges" and the agency regulations Agro Foreign Trade & Agency Ltd v Petersime NV (2017 CJEU) Choice of law issues - Belgium and Turkey. One Money Mail Ltd. v (1) Ria Financial Services (2) Sebastian Wasilewski (Court of Appeal) - 2015 post termination restrictions on agents Brand Studio Ltd. v St. John Knits, Inc 2015 ( indemnity and compensation clauses) Bailey v Angove's Pty Limited [2016] Authority of agents to recover debts (Supreme Court decision)
Commercial Agents and the Law (Lloyd's Commercial Law Library)
by Séverine Saintier Jeremy ScholesCommercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Commercial Agents and the Law (Lloyd's Commercial Law Library)
by Séverine Saintier Jeremy ScholesCommercial Agents and the Law is a practical approach to the modern law relating to commercial agency agreements, a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. This book is a complete guide to the workings of the relationship between commercial agents and their principal within its domestic and European context. The common law rules governing the relationship between principal and agent were pretty well established and well understood by English lawyers when, in 1993, the Commercial Agents (Council Directive) Regulations were enacted. The 1993 Regulations implement EC Directive 86/653 on self-employed commercial agents. The 1993 Regulations, like the EC Directives, are not, however, a complete code of rules governing the relationship, so they have to co-exist with the pre-existing common law rules. Both sets of principles therefore have to be applied.
Commercial Agreements: Principles and Practice (Elgar Commercial Law and Practice series)
by Jeremy LeongPresenting a unique conceptual framework for interpreting and improving commercial agreements, this book marries a sound theoretical foundation with practical strategies for negotiating, drafting, advising on, and litigating such agreements. Using examples from Singapore jurisprudence to demonstrate how universal principles can be applied in diverse jurisdictional settings, the book examines the cultural and commercial contexts that underpin a multitude of business agreements – such as those relating to the supply of goods, distribution, and franchising – and illustrates how nuances of language are essential in the interpretation and translation of contracts. Key Features:Critiques common contractual language from both a litigation and transaction standpointArgues that commercial agreements are the product of ‘language-games’ played between partiesProvides practical guidance on the intricacies of drafting and interpreting commercial agreementsOutlines a comprehensive framework integrating diverse approaches which can be operationalized in the courtroom and in the boardroom This book is an essential resource for legal professionals including commercial law advisors, in-house counsel, litigators, and transactional lawyers. The conceptual approach also makes it attractive for scholars and students in commercial law and Asian law.
Commercial and Arbitration Law of the Digital Economy: A Comparison of Asian, European and North American Jurisdictions
by Robert WaltersThis book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law.International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponisation in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law-making are also explored.This is a useful reference for governments, regulators, legal, technologists and policy experts. This is also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.
Commercial and Arbitration Law of the Digital Economy: A Comparison of Asian, European and North American Jurisdictions
by Robert WaltersThis book discusses the importance of the digital economy and its most pressing challenge: the onset of quantum and critical technology. It looks at how its implementation, either on its own or coupled with artificial intelligence, impacts commercial and arbitration law.International trade and investment are increasingly being integrated within national security policy and the law to protect the nation state. A failure to safeguard personal and commercial data will allow other state and non-state actors to set the rules that do not align with the values of the rule of law and transnational rules-based system. This book argues that it is necessary to establish a principles-based approach to governing the development and use of these technologies. Chapters touch on the application of smart contracts, arbitration, as well as mergers and acquisitions and their potential weaponisation in the digital economy due to their ability to transcend national security. Elements of intellectual property, particularly patents and trademarks, and how international legal instruments have directed national law-making are also explored.This is a useful reference for governments, regulators, legal, technologists and policy experts. This is also of interest to scholars looking at personal and commercial data in relation to intellectual property, contracts and international commercial arbitration law.
Commercial and Business Organizations Law in Papua New Guinea
by John Mugambwa Harrison Amankwah C. E. P. Val HaynesA timely and apposite treatise on Papua New Guinea’s economic environment, this book explores business organizations law and various aspects of commercial law in Papua New Guinea in a readable and informative style. Business and commerce is the twin engine that propels the economy of a modern nation. They ensure steady economic growth and development. In an age of globalization, they assume even greater importance than at any other time in human history. A nation risks being marginalized or left behind in the race for a share of the world economic market unless it ensures the stability of its business and commercial sector. Trade regulation, good governance and democratic institutions go hand in hand in guaranteeing political and social equilibrium. As such the laws designed to facilitate trade and commerce are a vital component of the political and social equation. This is a valuable book for law students, legal practitioners, accountants and business executives, not only within Papua New Guinea, but also in Australia and throughout the South Pacific.