It explains the relevance of Scots law to those whose main specialism is not law, and gives practical advice and straightforward, jargon-free expla¬nations of concepts, as well as how to study and write about commercial law.
Author: Yvonne McLaren
Publisher: Goodfellow Publishers Ltd
Category: Business & Economics
A clear and insightful text which puts Scottish law in a global context. It explains the relevance of Scots law to those whose main specialism is not law, and gives practical advice and straightforward, jargon-free expla¬nations of concepts, as well as how to study and write about commercial law.
Zivil- und Wirtschaftsrecht im Europäischen und Globalen Kontext Private and Commercial Law in a European and Global Context Festschrift für NORBERT HORN ...
Author: Norbert Horn
Publisher: Walter de Gruyter
"Insgesamt handelt es sich bei der Festschrift um ein mit interessanten Darstellungen prall gefulltes Werk, das vielseitig interessierten Juristen einiges zu bieten hat." Roman F. ADam in: DZWIR 8/2008 "Eine hochst lesenswerte Festschrift, die nicht in den Regalen der wenigen Bibliotheken verschwinden sollte, die sich heute noch die Anschaffung von Festschriften leisten konnen." Volker Emmerich in: Die Aktiengesellschaft 9/2007 "Wer sich als Jurist oder Bankfachmann, Student oder wissenschaftlich Tatiger fur aktuelle Themen des internationalen Banken- und Wirtschaftsrecht interessiert und rundum hervorragend nutzbare Ausarbeitungen zu aktuellen Fragestellungen sucht, kommt an dieser Festschrift fur Horn nicht vorbei und ist mit ihr hervorragend beraten." Christoph Graf von Bernstorff in: AW-Prax 1/2007
many of the markets in which members of the corporate sector trade are also global, in the sense that the relevant commodities move around with little ...
Author: Yutaka Tajima
Publisher: Kluwer Law International B.V.
This unique work consists of a selection of key papers presented at the first Anglo-Japanese Comparative Law Conference, held at Jesus College, Cambridge in September 1996. The conference was organised under the auspices of the Institute of Advanced Legal Studies, University of London; the University of Tsukuba, Japan; and Murdoch University in Australia. The conference brought together a number of leading business lawyers from around the world, who discussed the impact of globalisation on commercial law. If trhe internalisation of trade and business has produced problems for lawyers, the impact of globalisation, particularly in such areas as the capital markets, has proved to be even more problematic. The implications for all those who operate in the commercial and financial sectors, and for those who advise them, of developments in the nature and character of the markets are increasingly significant. The publication will be of particular interest to academics, those involved in trans-national business, and legal practitioners.
This even goes for commercial law, despite a strong belief that it is culture-neutral.29 Legal science has moved through various modernising phases into a ...
Author: Werner F. Menski
Publisher: Cambridge University Press
Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.
Professor Riley is a Fellow of the Commercial Law Association. She was a co-editor of the Australian Journal of Labour Law from 2008 till 2012.
Author: Christopher Gane
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.
She is now Module Lead for the LPC Commercial Law and Practice module and the ... and Subject Leader of corporate practice, company law in a global context, ...
Author: Judith Embley
Publisher: Oxford University Press
Legal Systems & Skills provides students with a practical guide to all the essential knowledge and skills they will need for their law degree and beyond. Divided into three core areas, it forms a foundation for legal studies and for graduate employment. Essential Legal Systems: Part I delivers a focused and practical guide to the purpose and application of law. Contemporary and holistic in approach, it covers all the essential topics in legal systems, considering social, moral, ethical, and jurisprudential perspectives. Taking learning further, it helps students to critically evaluate legal systems and their implications for individuals, businesses, and commerce. Essential Legal Skills: Part II demonstrates step-by-step approaches to acquiring and honing the skills needed for the academic study of law and professional practice. Numerous visual aids and learning features help students to become adept researchers, nimble problem-solvers, dexterous writers, and competent communicators. They will acquire the tools they need to analyse, evaluate, and apply the law, and to thrive in their future careers. Essential Employability and Commercial Awareness: Part III helps students to see how their knowledge and skills can be practically applied, in the legal world or outside of it. Students are encouraged to reflect on and actively improve their commercial awareness through case studies, and activities, aimed at helping them to develop the skills they will need to thrive in the world of work. Targeted coverage of employability, CV development, and transferrable skills helps students to approach their future careers with confidence and communicate their own competencies effectively. This book is the essential contemporary toolkit for savvy law students, enabling them to: Learn how law works; Develop the essential skills; and Apply them to succeed. This text is accompanied by an Online Resource Centre offering students the following stimulating resources: - Self-test questions - A library of web links that direct students to useful websites and relevant media - The authors' guidance to answering the thought-provoking questions in the book - Additional content providing guidance on effective teamwork, meetings and presentations - Regular updates in the law - Sample interview questions to help students identify which areas of commercial awareness they need to focus on
Since the law is uniform, it presumes that the commercial context is also ... but also between the local and global context (in the case of the second ...
Author: Eric E. Bergsten
Publisher: Kluwer Law International B.V.
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration, and legal education, more than fifty colleagues - among them quite a few of the best-known arbitrators and arbitration academics in the world - present 45 pieces that, individually both engaging and incisive, collectively present a thorough and far-reaching account of the state of the field today, with contributions covering international sales law, commercial law, commercial arbitration, and investment arbitration. In addition, nine essays on issues in legal education mirror the great importance of the renowned Willem C. Vis International Commercial Arbitration Moot, Eric's Vienna project which has offered a life-changing experience for so many young lawyers from all over the world.
Hartley, T C. European Law in a Global Context: Text, Cases and Materials (Cambridge: Cambridge University Press, 2004). Horspool, Margot and Matthew ...
Author: Gabriël Moens
Publisher: Springer Science & Business Media
? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.
... generating a global ruling class with an increasingly powerful organizational ... of international legislation in the entire history of commercial law.
Author: Shreesh Juyal
Publisher: Cambridge Scholars Publishing
Category: Political Science
Since the two Hague (Netherlands) multilateral peace conferences of 1899 and 1907, the fundamental issue of world peace and its long-term realization has engaged scholars, diplomats, statesmen, and students of international relations. This book presents a new endeavor in this direction through a collection of papers selected from the recent conferences of the Canadian Peace Research Association and independent scholars. Descriptive, analytical, constructive and balanced ideas and solutions in this text represent alternatives for the global community to be collectively secure and peaceful. This volume examines world peace in its foundational, descriptive, conceptual, and prescriptive aspects, and as a social and human concept in positive and negative contexts, including: the nonviolent perspective of peace; women theorists on peace and war; empowerment of women as peacemakers; and, peace research and education under siege. On violence and war, the topics included are the theory of violence, the new faces of war, including military robots, electromagnetic and information weapons, the cyber warfare and the militarization of neuroscience. In the area of case studies, Iran and nuclear deterrence, the Baha’i faith and Iran; the Western Sahara, Sudan and South Sudan, and the challenges of a Palestinian Nation are analysed. In addition, there is focus on the need to establish a Department of Peace in Canada and an attempt to seek establishment of world peace through direct democracy. This book will advance an understanding of the historic struggle and failures, as well as the accomplishments and shortcomings for peaceful change and a just world order. It will be of direct interest to students of political science, diplomacy, history, social science, international law, human rights, and other cognate disciplines.
Given that much commerce is now global, why should resources be spent on trying to harmonize or unify European commercial law?
Author: Morten Fogt
Publisher: Kluwer Law International B.V.
In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
Looking at the Australian commercial scene in a global context impacting Australian law and commerce developments, most commentators predict that ...
Author: Dr Lynden Griggs
Publisher: Kluwer Law International B.V.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law covering merchants' status and obligations – including the laws governing state intervention in economic activities – in Australia provides quick and easy guidance on such commercial and economic matters as business assets, negotiable instruments, commercial securities, and regulation of the conditions of commercial transactions. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure. Starting with a general description of the specifically applicable concepts and sources of commercial law, the book goes on to discuss such factors as obligations of economic operators and institutions, goodwill, broker/client relations, commercial property rights, and bankruptcy. Discussion of economic law covers the laws governing establishment, supervision of economic activities, competition law, and government taxation incentives. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Thorough yet practical, this convenient volume is a valuable tool for business executives and their legal counsel with international interests. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative commercial and economic law.
... 499–508 television programmers and, 538 U.S. laws in global context, ... 105–106 Articles of incorporation bylaws and, 65 corporate powers, ...
Author: Roger LeRoy Miller
Publisher: Cengage Learning
BUSINESS LAW: TEXT & CASES--COMMERCIAL LAW FOR ACCOUNTANTS is an adaptation of the market-leading Clarkson/Miller/Cross textbook. This textbook is suited for the second course in a business law series (commercial law), often a requirement for accounting majors. It covers topics students will see on the CPA exam and delivers an ideal blend of classic black letter law and contemporary cases. The text's strong student orientation makes the law accessible, interesting, and relevant with cases that represent the latest developments. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
The Transnationalisation of Commercial and Financial Law and of Commercial, ... Private Law and Commercial Law in a European and Global Context.
Author: Jan H Dalhuisen
Publisher: Bloomsbury Publishing
This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce and finance. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 1, in the first chapter, covers the roots and foundations of private law; the different origins, structure, and orientation of civil and common law; the forces behind the emergence of a new transnational commercial and financial legal order, its meaning, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; its methodology and the autonomous sources of the new law merchant or modern lex mercatoria, its international finance-driven impulses, and its relationship to domestic and transnational public policy and public order requirements. The second chapter covers the transnationalisation of dispute resolution in that order, especially international arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. All three volumes may be purchased separately or as part of a single set.
... which in law reform projects is so often promised but rarely ever measurable. ... Law,” in Private and Commercial Law in a European and Global Context ...
Author: Karen B. Brown
Publisher: Springer Science & Business Media
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.
Their markets were ungoverned by commercial law: there was none! Businesses needed to organise their own protection. The new market economies were slow to ...
Author: Matthias Schwartz
Category: Social Science
The demise of state Socialisms caused radical social, cultural and economic changes in Eastern Europe. Since then, young people have been confronted with fundamental disruptions and transformations to their daily environment, while an unsettling, globalized world substantially reshapes local belongings and conventional values. In times of multiple instabilities and uncertainties, this volume argues, young people prefer to try to adjust to given circumstances than to adopt the behaviour of potential rebellious, adolescent role models, dissident counter-cultures or artistic breakings of taboo. Eastern European Youth Cultures in a Global Context takes this situation as a starting point for an examination of generational change, cultural belongings, political activism and everyday practices of young people in different Eastern European countries from an interdisciplinary perspective. It argues that the conditions of global change not only call for a differentiated evaluation of youth cultures, but also for a revision of our understanding of 'youth' itself – in Eastern Europe and beyond.