法　学 — 全 下位分類

The 2nd edition of this successful book provides a fully updated, succinct examination of the principles of agency law.

The book explores the rules of attribution, the rights and obligations arising within the agency relationship, the impact of agency in the fields of contract and tort, and the termination of an agent's authority. Throughout the book, full consideration is given to the issues arising under the Commercial Agents (Council Directive) Regulations 1993. The discussion is informed not only by common law authority that constantly nourishes the development of agency law principle, but also by international soft law instruments and the Restatement of the Law, Third: Agency.

The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.

A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.

Many of the pioneering ideas that were advanced in the 1st edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this 5th edition captures the essence of the ongoing multiple reform processes, examines the recent trends in international investment law and arbitration, and highlights the major recent changes that have taken place in this area of law since the publication of the 4th edition of this book in 2020.

This book proposes a new approach to differentiating between developing countries in the context of special and differential treatment (SDT) in the World Trade Organisation.

Offering unique insights into SDT reform in the WTO, the book proposes the method of differentiated differentiation and demonstrates its operationalization using the WTO Customs Valuation Agreement. Through identifying key indicators to categorize constraints faced by developing countries, the book establishes objective criteria to depoliticize access to SDT. Promoting a case-by-case approach, the book also employs a statistics-based score procedure to determine a threshold for graduating countries out of SDT. Through flexible tracking and evidence-based arguments, the book provides a transitional method of reform which maintains full compliance with WTO members' obligations.

The book will be of importance to academics and students of international law, especially those with an interest in international trade law and the WTO, as well as legal professionals and policymakers.

This book provides a critical and contemporary evaluation of the laws and enforcement policies pertaining to tax evasion in the United Kingdom (UK) and United States (US). Since the inception of taxes, revenue collection authorities around the world have attempted to address the seemingly perennial problem of individuals evading their tax liabilities. The financial crisis has shone a new light on the issue with an increased interest in using the criminal justice system as a means of addressing it in the UK. In sharp contrast to the UK, the US has a strong record of prosecuting crimes of tax evasion, whether committed by individuals or professional corporate facilitators. Providing an evaluation of the UK's tax evasion laws and enforcement policy, through a comparative approach, this work highlights insights provided by the US experience. In so doing, the book explores the interconnections between tax evasion and money laundering, identifying best practices, omissions, and areas for reform. The work will be a valuable resource for researchers, academics, and policy-makers working in the areas of financial crime, financial law, accountancy and criminal justice.

Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.

The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.

Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.

This book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies.

The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between the company and prosecutors, and this book addresses the key areas of exposure, and how various parties should address these risk areas in accordance with the law. The book is an increasingly necessary contribution to the topical discussion of the fallout of unsuccessful prosecutions of individuals implicated in the wrongdoing constituting the basis of DPAs, calling into question not only treatment of those individuals but also the integrity of the DPA tool itself. It also considers the impact of DPAs and arising exposures on directors' and officers' (D&O) liability insurance, therefore covering potential risk areas and the ability of directors to access a defence in protecting themselves from liability. The book covers the impact on all areas of a D&O policy, considering D&O policy wording and insurance law in doing so, providing a rounded account of issues arising in relation to company directors and how interested parties can act in the best interests of all whilst in accordance with law and policy.

The primary audience for this book will be lawyers and practitioners in the corporate crime and/or insurance law space, including general counsels, solicitors, barristers, consultants, prosecuting authorities, legal academics, and so forth. It will also be of interest to company directors, and to students of financial crime, corporate criminal crime and insurance law, and will have great international appeal. Organisations likely to use the book will include prosecuting authorities, law firms working on corporate criminal liability or D&O insurance cases, and companies looking to protect themselves where there is alleged wrongdoing.

Focusing on cultural expressions that are most likely to intermingle with copyright law, trademark and IP-adjacent regulations, this book examines contemporary issues in technology, intellectual property law, and culture.

Intangible Cultural Heritage can consist of traditional knowledge, songs, craftsmanship, dance, and other practices, as well as the associated cultural artefacts and spaces; a widely varied global living heritage, transmitted generationally, must be allowed to organically evolve, often defying the process of identification so desirable in the realm of legal protections. This nebulous essence is particularly ill-suited to modern legal frameworks that can conflate the creative outputs that copyright is meant to protect with shared cultural practices. Combining a legal perspective with historical tact, the book develops a theoretical model to track the interaction amongst these issues as well as to make policy recommendations based on the existing and projected possible future outcomes. Several chapters of the book will be dedicated to contemporary issues where this framework and interaction are currently developing, focussing on law and technology issues with archiving and museums, online platforms and copyright infringement, and communities and creative production in virtual worlds.

The book will be of interest to students and scholars in the field of copyright law and intellectual property law.

Non-Fungible Tokens (NFTs) have emerged as an important medium for the creation, sale and collection of art, with many major business and fashion houses creating their own NFT projects. This book investigates the eruption of NFT crypto art, and its impact on copyright law.

Chapters address topics at the intersection between AI, smart contracts, data science, copyright law and arts administration. With snapshots of the ongoing heated debates around copyright law, the book investigates whether NFTs violate copyright and moral rights, the liability of NFTs platforms, impacts on ethical issues such as counterfeiting. The first book published on this emergent topic, this book offers a comprehensive overview of opportunities and challenges raised by NFTs to copyright law and, more generally, to the regulation and economics of the creative and cultural industries.

The book is addressed to law and tech enthusiasts as well as academics, students, practitioners and policy makers interested in the intersection between copyright rules and new forms of technology.

This book provides an interdisciplinary analysis of trade relations with the Middle East and Arab countries from the perspectives of law, business, policy and culture in the Middle East and the Arab world and their interaction with the wider world, particularly Western countries.

The rapidly evolving economy of the Middle East and the Arab region is undergoing significant change, and establishing modern foreign ownership law, robust company, business and investment regulations, modern legal professions while keeping its basic traditional and Islamic principles. This book covers a number of important theoretical and practical aspects of commercial and trade relationships and law. It examines case studies of trade and investment relations between Arab and Middle Eastern countries and Western Countries, such as Australia, UK and US, touching on such topics as corporation law, arbitration and foreign judgments, future mobility and disruptive technology law, financial services law, charity law, trusts and cultural law.

Exploring emerging trade and investment ties between Arab and Middle Eastern countries and Western countries, it will be of interest to students, academics and practitioners with an interest in international trade and investment law.

This book examines the international investment agreements and the dispute settlement mechanisms contained therein, which bind the Gulf Cooperation Council member States.

The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member States have experienced increasing investor-state arbitration claims, while their nationals are increasingly instituting investor-state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focussing particularly upon the investor-state dispute settlement experience of member States as respondents, the book also explores the experiences of their nationals as claimants to determine how they can approach investor- state dispute settlement in the future. The book also reflects on existing treaty-making practices, making recommendations for regional-level dispute settlement to improve upon investor-state dispute settlement outcomes.

This book provides a detailed analysis of the global investor-state dispute settlement regime and international investment agreements, and it will be of interest to students, academics, and practitioners with an interest in international investment law and arbitration.