Commercial law Books

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Book SynopsisCommercial Law offers a fresh, modern, and stimulating exploration of this diverse and fascinating area of law. The text provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security.This coverage is enhanced through a range of novel learning features, including examples, definitions, and diagrams, that encourage understanding and demonstrate how the principles behind the law are applied in practical transactions.Key Features- Practical, fictional case studies throughout the book demonstrate the types of legal issues and problems that the law is intended to regulate, helping students to understand the context and practical application of the law- Regular key case and legislation boxes highlight the most important cases and help students understand which statutory provisions are of fundamental importance- Each chapter provides annotated further reading lists that enable students to more fully explore and discuss each chapter topic- Each chapter closes with a problem question and an exam-style essay question (with answer guidance available online), giving students the opportunity to test their knowledge and providing a starting point for classroom discussion- A wealth of online resources accompany the book, further supporting and enhancing learning, including: self-test questions, answer guidance to the questions in the book, and flashcards for key terminologyNew to this Edition- Updated coverage of the consequences of the UK''s withdrawal from the EU- Coverage of the Electronic Trade Documents Act 2023 and the Digital Markets, Competition and Consumers Act 2024- Coverage of new case law, including Barton v Morris [2023] (reasonable price under a contract and unjust enrichment), Fimbank v KCH Shipping [2023] (mis-delivery under the Hague Visby Rules), Philipp v Barclays Bank UK plc [2024] (authority of an agent), and Sharp Corporation Ltd v Vittera BV [2024] (damages for non-acceptance of the goods)Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with self-test questions, further reading, functionality tools, navigation features and links that offer extra learning support. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks

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Book SynopsisA new edition of a classic of commercial law: depth of coverage with exceptional clarity.Authors Beheshti, Saintier, and Thomas maintain the brilliance of late Professor Bradgate''s comprehensive text and provide students with an equally erudite guide, presenting the complexity of modern commercial law with clarity and fresh contextual links to practice. Key features:- Provides comprehensive coverage of the principles of commercial law alongside critical discussion- Offers rigorous in-depth analysis in an accessible way, giving students a thorough understanding- A modern, contextual approach draws links to the practice of commercial law- Also available as an e-book with functionality, navigation features, and links that offer extra learning supportNew to this Edition:- All chapters have been substantially revised to incorporate new developments and all major judgments in the area- Detailed coverage of impact of digitalisation throughout the book - Includes a new chapter on the future t

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Book SynopsisThis handbook explores the FAC-1 Framework Alliance Contract as a multi-party umbrella that connects the team members engaged on any project or programme of works, services or supplies. It explains the FAC-1 processes for planning, joint working, contract award, performance review, problem-solving and shared learning, and it illustrates how FAC-1 helps to attract investment, motivate innovation, improve value, manage risks and achieve net zero carbon targets. FAC-1 has been adopted on procurements worth more than £100 billion in the UK and in other jurisdictions, and this handbook explains what is different about FAC-1, how it is used in practice, and how it works clause by clause. With 30 case studies and 46 practice notes, the handbook provides an introduction for those who are new to FAC-1, a refresher for current users, and practical tips for teams engaged on any FAC-1 project or programme of works, services or supplies in any sector. This handbook is designed for use by framework providers, clients, designers, managers, contractors, specialists, operators and legal advisers. It includes the features of FAC-1 as a ‘Gold Standard’ framework contract recommended by the UK government, and it explains how it can improve the efficiency of digital information management. It also provides templates, diagrams and checklists that show how to complete FAC-1, how to use it alongside FIDIC, JCT, NEC, PPC and TAC contract forms, and how to bring its relationships and processes to life.Trade Review“An essential travelling companion for those in the FAC-1 team, with Professor Mosey as your expert tour guide.”— Julian Bailey, partner at Jones Day and author of Construction Law (3rd edition); “Collaboration is core to Constructing Excellence and is fundamental to enabling successful project delivery. Collaborative contracts such as FAC-1 are crucial for setting projects up for success, enabling all parties to work together to achieve better outcomes. This handbook provides excellent guidance to support the effective use of FAC-1.”— Alison Nicholl, head of Constructing Excellence; “FAC-1 is a truly transformative contract that delivers up new relationships throughout the supply chain, whilst introducing shared systems and an effective approach to risk. This FAC-1 handbook enables all parties to a project or programme of works to understand their roles and responsibilities in creating an alliance capable of delivering safe, quality and value for money project outcomes.”— Rebecca Rees, partner at Trowers & Hamlins; “Professor David Mosey’s new handbook on FAC-1 Alliance Contracting will, I believe, be an essential catalyst in helping clients and industry supply chains actively work together to deliver the new ways of working that are required to unlock the vision of a social and productivity revolution that our industry needs.”— Terry Stocks MBE FICE, director at Faithful+Gould; “This handbook should become the best friend of everyone, in every sector of the construction industry, who wants to make a real difference. It explains in detail how to get the best out of FAC-1 using modern procurement practices and true collaboration, carefully demonstrating the contract’s very flexible approach along the way. David’s unique experience – ably supported by great case studies – helps bring all of this to life.”— John P. Welch FRICS, Deputy Director of Construction, Crown Commercial Service.

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Book SynopsisThis book provides a short and clear guide to key ideas which underpin the UK tax code and illustrates the wider political and economic issues students need to know about when studying tax law. Some of these key ideas are controversial and the subject of much discussion and debate.The book explains the key issues that are of fundamental juristic and philosophical importance and are common to tax codes throughout the world: What is a ''tax''? Is it different to a civil or criminal penalty? Why does this matter? Is ''taxation'' necessarily a public law concept? Does the concept of 'taxation' attract constitutional considerations? Why? How do the answers to these questions play out when courts have to interpret tax provisions? Readers will come away with a clear understanding of the architecture of the UK tax code, despite its (very real) complexity.

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Book SynopsisPraise for previous edition: ‘… very comprehensive; very competent; and, what I think will be seen as its chief virtue … very clear’ – David Campbell, Law Quarterly Review ‘I enjoyed…every part of this book. Mr Kramer's analyses are carefully developed and almost always useful and illuminating.’ – Angela Swan, Canadian Business Law Journal Written by a leading commercial barrister and academic, the third edition of this acclaimed book is the most comprehensive and detailed treatment available of this important dispute resolution area. Previous editions have been regularly cited by the English courts and academic literature. The third edition covers all key case law developments and updates since 2017, with very substantial rewrites of the loss of chance, scope of duty and negotiating damages chapters (including in the light of Supreme Court decisions in Perry v Raleys, Edwards v Hugh James Ford Simey, Manchester BS v Grant Thornton and Morris-Garner v One Step (Support) Ltd). It also includes expanded share purchase warranty and causation sections, and a new chapter on the construction of exclusion clauses. To aid understanding and practicality, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered—construction, sale of goods, charterparties, professional services—and those less frequently covered in general works—such as SPAs, exclusive jurisdiction and arbitration clauses, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the how to prove lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.Table of ContentsPART I INTRODUCTION 1. A Brief Introduction to the Contract Damages Award 1. Summary 2. The Damages Remedy 3. The Principles of Compensation 4. The Theory of Contract Damages 5. The Currency of the Award PART II TYPES OF COMPLAINT 2. Pure Services: Non-Supply/Defective Supply/Delayed Supply 1. Introduction 2. Services to Commercial Claimants (Including Lost Management Time Claims) 3. Services to Public Bodies or Charities 4. Services to Consumers 3. Misadvice (Especially Professional Negligence) and Contractual Misstatement 1. Introduction to the Breach and Non-Breach Positions in Advice and Similar Cases 2. Extrication Cases 3. Adoption/Non-Extrication Cases and Repair 4. The Non-Breach Position: The Alternative Transaction the Claimant Would Have Entered Into 4. Property Non-Delivery, Destruction and Defects (Damage, Sale, Construction, Misrepair) 1. Introduction to the Different Measures of Loss 2. Market Replacement, the First Cure 3. Repair, the Second Cure 4. Further Issues in Repair and Replacement Cases 5. The Measure when There is No Market Replacement and No Repair 5. Seller/Supplier Claims: Refusal/Failure to Accept Goods, Services or Other Performance 1. Introduction 2. Cure by Finding a Replacement Customer on the Market 3. Lost Volume Sales: Where Supply Outstrips Demand 4. No Replacement and Alternative Mitigation 5. Non-Financial Loss 6. Temporary Loss of Use of the Claimant’s Property 1. Introduction 2. The Cost of Hiring a Temporary Replacement 3. Lost Profits from Sale to the Market 4. Lost Profits from Employment of the Property 5. Loss of Use of Non-Profit-Earning Goods 7. Loss of Use of Money, Including Breach of Obligations to Pay 1. The Cost of Borrowing Replacement Money 2. Lost Profits from Use of the Money 3. Devaluation and Exchange Rate Losses 4. Causing Insolvency 5. Other Losses 6. Specific Points Relating to Breach of Obligations to Pay Money 7. Awards of Interest Outside the Claim for Damages 8. Inflation 8. Claims by a Tenant, Charterer or Hirer 1. Non-Delivery 2. Late Delivery 3. Hire of Defective Property and Damage to Hired Property 9. Warranties and Indemnities 1. Introduction to Warranties 2. Warranties of Authority 3. Warranties of Quality 4. Warranties of Reasonable Care 5. Indemnities 10. Negative Covenants (Including Exclusive Jurisdiction, Arbitration and Non-compete Clauses) 1. Introduction 2. Property-Related Restrictive Covenants 3. Exclusive Jurisdiction and Arbitration Clauses and Non-Litigation Agreements 4. Non-Compete, Non-Solicitation, Exclusivity, Business Secret and Confidentiality Clauses PART III FACTUAL (‘BUT FOR’) CAUSATION AND ACTUAL LOSS 11. Introduction to Factual (‘But For’) Causation 1. Factual (‘But For’) Causation 2. Harm that Would Have Happened Anyway 3. Concurrent Causes and the Modified ‘But For’ Test in Exceptional Cases 12. The Breach Position: What Actually Happened and What Will Happen 1. What Happened Prior to Trial? 2. What Will Happen Post-Trial? (The Chance of a Loss Principle) 3. Tax (That will or Might be Paid) 13. The Non-Breach Position: What Would or Might Have Happened but for the Breach (Including Loss of a Chance) 1. Summary 2. What Would the Claimant Have Done? 3. What Would the Defendant Have Done? 4. What Natural Events Would Have Occurred? 5. What Would Third Parties Have Done? (The Principle of Loss of a Chance) 6. The Future: What Would Have Happened after Trial 7. Tax (That Would Have Been but Has Not Been and Will Not Be Paid) PART IV LEGAL PRINCIPLES OF REMOTENESS, MITIGATION AND LEGAL CAUSATION 14. Remoteness and Scope of Duty 1. For Remoteness Start with Foreseeability 2. The Assumption of Responsibility Basis of Remoteness 3. The Reasonable Contemplation Test of Remoteness 4. The Cap Rule from Cory V Thames Ironworks 5. The Scope of Duty Principle 6. Factors Relevant to Scope of Duty and Assumption of Responsibility 7. The Burden of Proof 8. The Interaction between Scope of Duty and Contributory Negligence and Contribution 15. Legal Causation, Mitigation and Contributory Negligence 1. Introduction 2. Legal Causation 3. The Principle of Mitigation 4. Betterment 5. Burdens of Proof 6. Contributory Negligence 7. Applying Legal Causation to What Would Have Happened but for the Breach 16. Causation in Practice: Intervening and Mitigatory Acts and Events by Category 1. Introduction to this Chapter 2. Claimant Failure to Avoid the Danger 3. Failing to Terminate, or Terminating, the Contract with the Defendant 4. The Claimant Sourcing or Not Sourcing a Replacement Supply or Customer or a Repair 5. Speculation by the Claimant 6. Money Made by the Claimant Post-Breach 7. Impecuniosity and Other Special Characteristics of the Claimant 8. Trading while Insolvent 9. Unreasonable Claimant Conduct 10. Post-Breach Dealings with the Defendant 11. Receipt by the Claimant of Payments or Help from Third Parties (Including Insurance and State Assistance and Litigation with Third Parties) or Non-Payment by Third Parties 12. Claimant Payments and Liabilities to Third Parties 13. Payments that would have been made by the Claimant to Third Parties 14. Passing on Risk or Selling the Property to Third Parties 15. Events External to the Claimant 17. The Date of Assessment 1. The Principles 2. The Different Dates of Purchase of a Replacement or Cure on the Market 3. The Different Dates of Sale to the Market 4. Where There Is No Opportunity to Resort to the Market PART V PARTICULAR TYPES OF LOSS REQUIRING SEPARATE EXAMINATION 18. Proving Business Loss: Revenue, Capital Value, Profit and Costs, Wasted Expenditure/Reliance Losses, Burdens and the Fair Wind 1. Revenue, Profit and Capital Loss 2. Pleading, Proof, Evidence and the Fair Wind Principle 3. The Presumption of Breaking Even and the Myth of the Reliance Measure of Loss 4. Examples of Lost Profit Awards 19. Non-Pecuniary Loss 1. The Evolution of the Legal Test 2. Quantification and Presumptions 3. (Physical) Inconvenience and Disturbance 4. Personal Injury 20. Loss Comprising Liability to Third Parties or Litigation Costs 1. Indemnity for Third Party Liability 2. Costs in Relation to the Breach of Contract Dispute Itself 3. Costs in Previous Proceedings Against the Defendant 4. Costs in Third Party Proceedings PART VI OTHER MATTERS 21. Third Parties and Loss 1. Recovery by the Claimant of the Third Party’s Loss for the Benefit of the Third Party (‘Transferred Loss’ and the Albazero Principle) 2. Recovery by a Claimant of Its Own Loss 3. Third Party Claims Under the Contracts (Rights of Third Parties) Act 1999 22. Negotiating Damages 1. The Wrotham Park Decision 2. The Morris-Garner Decision 3. Basis of the Principles 4. Scope of the Principles 5. The Measure 23. Non-Compensatory Damages 1. Nominal Damages 2. Account of Profits/Restitutionary Damages 3. Punitive/Exemplary Damages 24. Concurrent Claims 1. Against the Same Defendant 2. Against Different Defendants 25. Exclusion Clauses 1. This Chapter and Introduction 2. The Role of Statutes 3. Principles of Construction 4. Particular Phrases Used in Exclusion Clauses Denoting Certain Types of Loss 5. Exclusion of Particular Types of Fault/Conduct

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Book SynopsisThe authors argue that corporate law’s rules and practices mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides necessary rules and an invaluable enforcement mechanism.Trade ReviewTruly first-rate...Arguably the most important--and most readable--corporate law book ever. A classic...Certain to change the way corporate law is taught, understood, and possibly even made. -- Robert M. Daines and Jon Hanson * Yale Law Journal *An important and provocative contribution to the law and economics literature...Scholars in the field should hold a place for it on their shelves. -- Christopher Grandy * Journal of Economic Literature *This may be the best book ever written about corporate law. * University of Chicago Law Review *Table of Contents* The Corporate Contract * Limited Liability * Voting * The Fiduciary Principle, the Business Judgment Rule, and the Derivative Suit * Corporate Control Transactions * The Appraisal Remedy * Tender Offers * The Incorporation Debate and State Antitakeover Statutes * Close Corporations * Trading on Inside Information * Mandatory Disclosure * Optimal Damages * Acknowledgments * Case Index * Author Index * General Index

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Book SynopsisSealy and Hooley''s Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors'' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Five renowned experts in the field continue the legacy of Richard Hooley and Len Sealy, capturing the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooksTrade ReviewThis is, without a doubt, the leading cases and materials book in the field. It is also one of the best books from which to teach most commercial law courses. * Professor Catharine MacMillan, King's College London *A virtual one-stop library for a wide range of students and legal professionals interested in cases providing valuable insight into particular issues. Several generations of commercial lawyers owe a huge debt of gratitude to the authors of the work. * Associate Professor Ebenezer Adodo, University of Leicester *This is an excellent 'all-round' text. The inclusion of textbook, case excerpts and other materials makes this a very good 'single' text for students. * Dr Steven Truxal, Reader, The City Law School *Table of Contents1: Introduction 1: An introduction to commercial law 2: Basic concepts of personal property 3: Bailment 2: The Law of Agency 4: Introduction 5: Creation of agency and the authority of the agent 6: Relations with third parties 7: Relations between principal and agent 3: Domestic Sales Law 8: Introduction and definitions 9: Passing of the property in the goods as between seller and buyer 10: Transfer of title 11: Seller's obligations as to quality 12: Performance of the contract 13: Remedies of the seller 14: Remedies of the buyer 4: International Sales 15: International sales 5: Payment Methods 16: Modern payment systems 17: Payment cards 18: Negotiable instruments 19: Bills of exchange 20: Cheques and other instruments 6: The Financing of International Trade 21: The financing of international trade 22: Assignment of choses in action 23: Receivable financing 7: Commercial Credit and Security 24: Introduction 25: Possessory security 26: Non-possessory security 8: Principles of Insurance Law 27: Insurance 9: Insolvency Law 28: Insolvency

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Book SynopsisNow in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018.Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea.Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, includTable of ContentsCHAPTER 1: THE CONFLICT OF LAWS Yvonne BaatzCHAPTER 2: SHIPBUILDING, SALE, FINANCE AND REGISTRATION Filippo Lorenzon and Ainhoa Campàs VelascoCHAPTER 3: INTERNATIONAL TRADE AND SHIPPING DOCUMENTS Filippo LorenzonCHAPTER 4: CHARTERPARTIES Yvonne BaatzCHAPTER 5: CARGO CLAIMS AND BILLS OF LADING Charles DebattistaCHAPTER 6: CARRIAGE OF PASSENGERS Michael Tsimplis CHAPTER 7: THE LIABILITIES OF THE VESSEL Michael Tsimplis CHAPTER 8: PUBLIC INTERNATIONAL LAW ASPECTS OF SHIPPING REGULATION Andrew SerdyCHAPTER 9: SAFETY AND COMPLIANCE Filippo LorenzonCHAPTER 10: MARINE POLLUTION FROM SHIPPING ACTIVITIES Michael TsimplisCHAPTER 11: MARINE INSURANCE Özlem Gürses and Johanna Hjalmarsson CHAPTER 12: PROCEDURES FOR ENFORCEMENT Michael TsimplisCHAPTER 13: THE APPLICATION OF THE EU COMPETITION RULES TO THE MARINE SECTOR Andrea ListaBibliography Index

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Book SynopsisThere is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house Table of ContentsList of Abbreviations. List of Figures. List of Charts. List of Graphs. Chapter I: Introduction. Chapter II: Binding Mediation Agreements and their Enforcement. Chapter III: Parties’ Rights and Obligations under a Mediation Agreement. Chapter IV: Essential Elements of a Comprehensive Legal Framework. Chapter V: Conclusion. Annex I: Model Mediation Clause. Annex II: Codebook. Bibliography. Index.

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Book SynopsisAn accessible introduction to multimodal contracts of carriage, Multimodal Transport Law works from general principles toward specific, technical problems. Adopting an international approach, it addresses such key topics as: Contracts of carriage Transport documents The parties to a contract of carriage International conventions on the carriage of goods Multimodal situations covered by unimodal conventions Conflict of laws The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Providing a close examination of the relevant rules, regulations and case law, this is essential reading for law students, useful for claims handlers and practitioners, and of interest for academics and legislators seeking a better appreciation of multimodal contracts of carriage. Table of Contents Introduction Contracts of carriage Transport documents The parties to the contract of carriage International conventions on the carriage of goods Multimodal situations governed by unimodal conventions The law applicable in the absence of a mandatory convention The rules applicable to the individual legs of multimodal contracts of carriage The Rotterdam Rules Annexes 1 Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM – Appendix B to the Convention) (CIM 1999)2 The Hague Rules as Amended by the Brussels Protocol 1968 (HVR)3 Convention for the Unification of Certain Rules for International Carriage by Air (MC)4 The Convention relative au contrat de transport international des Marchandises par Route (CMR)5 Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI)

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Book SynopsisEwan MacIntyre is a Senior Lecturer in Law at Nottingham Trent University. Josephine Bisacre is a Senior Teaching Fellow in Business Law at Heriot-Watt University.Table of ContentsAcknowledgements Introduction Guided tour Guided tour of the companion website Table of cases and statutes Chapter 1: Contract 1: Formation of a contract Chapter 2: Contract 2: Error, Misrepresentation, other challenges based on lack of consent, young people, illegality, and privity Chapter 3: Contract 3: The terms of the contract Chapter 4: Contract 4: Discharge of contractual obligations and remedies Chapter 5: Delict Chapter 6: Companies 1: Formation and personnel Chapter 7: Companies 2: Shares, resolutions, protection of minority shareholders and charges Chapter 8: Partnership, limited liability partnership and sole trading Chapter 9: Employment 1: The contract of employment, employee rights, dismissal and redundancy Chapter 10: Employment 2: Discrimination Chapter 11: Sources of Scots law And finally, before the exam . . . Glossary of terms Index

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Book SynopsisThis book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.Trade ReviewThe range, depth and originality of the analysis of complex and intricate aspects of party autonomy in applicable law make this a must read for anyone engaged in research in this field. -- Paul Beaumont, University of Aberdeen and Jonathan Harris, King’s College, LondonThe book, that is comparative throughout, thus offers a lot to both European private law and PIL experts. -- Jan M Smits * Maastricht European Private Law Institute Blog *Table of Contents1. Introduction 2. Selection of the Applicable Law by Contract 3. The Scope of Party Autonomy 4. Independence of the Choice of Law Contract 5. Regulating the Choice of Law Contract 6. Agreement to Choose the Applicable Law 7. Formation of the Choice of Law Contract 8. Validity of the Choice of Law Contract 9. Conclusion

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Book SynopsisThis book gives practical assistance to lawyers and commercial managers who need to draft or negotiate a confidentiality agreement. It includes a summary of the law of confidence as it affects commercial relationships.

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Book Synopsis As documented in a number of case studies (from Telia Telecom in Sweden to Wirecard in Germany) in this book, recidivism seems to be of a substantial magnitude in corporate crime. Corporations tend to repeat white-collar offenses such as financial crime and environmental crime in various forms as long as they find it convenient. A minor fine from time to time and dismissal of some executives as scapegoats do not prevent corporations from committing and concealing new offenses as long as there is a convenient financial motive, a convenient organizational opportunity, and a convenient willingness for deviant behavior. Businesses and their executives tend to be recidivists who get away with light punishment in most jurisdictions. The relevant audiences for this book include law students, business students, sociology students, and criminology students. Fraud examiners, defense attorneys, compliance officers, police investigators, as well as prosecutors can find the structural model of convenience to be an ideal template in preparing corporate crime case narratives.

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Book SynopsisEwan MacIntyre recently retired after more than 25 years as a Senior Lecturer at Nottingham Law School. He is also the author of the concise Essentials of Business Law, published by Pearson.Table of ContentsStudy skills Chapter 1. The legal system Chapter 2. The courts and legal personnel Chapter 3. Formation of contracts - offer and acceptance Chapter 4. Other requirements of a contract - intention to create legal relations - consideration - formalities - capacity Chapter 5. Contractual terms Chapter 6. Misrepresentation - mistake - duress and undue influence - illegality Chapter 7. Discharge of liability - remedies for breach of contract Chapter 8. Terms implied by statute Chapter 9. Sale of goods - the passing of ownership Chapter 10. Sale of goods - duties of the parties - remedies - international sales Chapter 11. Agency Chapter 12. The law of torts 1 Chapter 13. The law of torts 2 Chapter 14. Credit transactions Chapter 15. Partnership Chapter 16. The nature of a company and the formation of a company Chapter 17. The management of a company Chapter 18. Shareholders - resolutions - maintenance of capital - minority protection - debentures Chapter 19. Winding up of companies - limited liability partnerships - benefits of trading as a company, partnership or limited liability partnership Chapter 20. Employment 1 - duties of employer and employee - dismissal - redundancy Chapter 21. Employment 2 - discrimination - health and safety - rights of employees Chapter 22. Regulation of business by the imposition of criminal liability Chapter 23. Business propertyAppendix: Answers to Test your understanding questions

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Book SynopsisJurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance.The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the Table of ContentsPART I – PRELIMINARIES Chapter 1 Introduction PART II – JURISDICTION AND ARBITRATION AGREEMENTS IN CONTRACTS FOR THE CARRIAGE OF GOODS BY SEA Chapter 2 International jurisdiction and arbitration Chapter 3: Incorporation of the dispute resolution clauses contained in the charter party into the bill of lading PART III – LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS IN MARITIME CARGO CLAIMS Chapter 4 Limitations on jurisdiction and arbitration agreements in case of cargo claims in tort and in bailment PART IV – LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS BY THE ARREST OF SHIPS AND MANDATORY RULES Chapter 5 Party autonomy and the arrest of ships Chapter 6 Limitations on jurisdiction and arbitration clauses by public policy, mandatory rules and overriding mandatory rules in contracts for the carriage of goods by sea PART V – FINAL ANALYSIS Chapter 7 Conclusions and a new Perspective ANNEX I: Bibliography

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Book SynopsisExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.Table of ContentsTable of ContentsPreface Acknowledgements List of Abbreviations Table of Cases Table of Legislation CHAPTER 1 INTRODUCTION I. Background *1. Paucity of Actions for Damages for Competition Infringements 2. The Need for Collective Redress in Competition Law Enforcement 3. Reflection on the Term ‘Collective Redress’ II. Issues relating to the Design of a Collective Redress Action 1. Judicial v Non-Judicial Means of Collective Redress 2. Elements of Collective Redress Actions III. Methodology IV. Structure CHAPTER 2 THE NOTION OF AND NEED FOR COLLECTIVE REDRESS ACTIONS I. Introduction II. The Concept and Function of Collective Redress Procedures 1. A Short Summary of Evolution and Policy Rationale 2. The Purpose of the Procedure III. Setting the Scene for EU Collective Redress Actions 1. The Recognition and Exercise of the Right to Damages 2. The Need for Collective Redress Actions for Consumers 2.1. Barriers to the Effective Compensation of Consumers 2.2. Inadequacy of Existing Aggregation Mechanisms 3. The Role of Collective Redress Actions IV. Concluding Remarks CHAPTER 3 COMMISSION INITIATIVES ON COLLECTIVE REDRESS ACTIONS I. Introduction II. Two Distinct Initiatives in Competition and Consumer Law 1. Commission Efforts in Competition Law 1.1. The Green Paper 1.2. The White Paper 1.3. Withdrawn Directive in 2009 *2. Commission Efforts in Consumer Law III. Combining the Two: A Horizontal Approach toward Collective Redress Actions 1. Overview of the Reasons leading to Horizontal Approach 2. The Proposals Under the Horizontal Approach 2.1. Public Consultation 2.2. Recommendation and Communication 3. Impact of the Horizontal Approach on Collective Redress IV. Distinctive Approach toward Collective Redress Actions 1. Potential Shortcomings of the Horizontal Approach 2. The Case for a Distinctive Competition Law Approach V. Concluding Remarks CHAPTER 4 OBJECTIVES OF COLLECTIVE REDRESS ACTIONS IN EU COMPETITION ENFORCEMENT I. Introduction II. Determining the Objectives and Their Significance III. Objectives of Actions for Damages 1. The Approach of the EU Courts 2. The Approach of the Commission IV. Compensation and Deterrence Objectives for Collective Redress Actions 1. The Unique Competition Law Enforcement Goal and its Implications for Collective Redress Actions 2. Objectives of Collective Redress Actions 2.1. The Compensatory Objective 2.2. The Deterrence Objective 3. Collective Redress Actions for Consumers: Do the Objectives Pursued Differ? V. Concluding Remarks CHAPTER 5 CONSUMER DAMAGES CLAIMS IN EU COMPETITION CASES I. Introduction II. Damages Caused by Competition Infringements 1. The Types of Competition Infringements 2. The Types of Harm Resulting from Competition Infringements 3. Potential Damages of Competition Infringements III. The Overcharge as a Measure of Damages in Consumer Cases *1. Overcharge in Collusion Cases 1.1. Practices Giving Rise to Overcharge 1.2. Case Studies 1.2.1. Case Study 1 1.2.2. Case Study 2 2. Overcharge in Abuse of Dominance Cases 2.1. Practices Giving Rise to Overcharge 2.2. Case Studies 2.2.1. Case Study 1 2.2.2. Case Study 2 IV. The Ways in Which Consumers are Harmed 1. Direct Consumers 2. Indirect Consumers 3. Deadweight Loss Consumers 4. Umbrella Consumers V. Concluding Remarks CHAPTER 6 GROUPING COLLECTIVE CLAIMS: OPT-IN v OPT-OUT I. Introduction II. Establishing the Group Membership 1. Opt-In Actions 2. Mandatory Actions 3. Opt-Out Actions 3.1. The Functioning of Opt-Out Actions 3.2. The Role of Notice 3.3. The Compensation Objective and Opt-Out Actions 3.3.1. Participation Rates 3.3.2. Take-Up Rates 4. The Proposed Approach 4.1. Reflections 4.2. Assessing the Criticisms 4.2.1. Overview of the Criticisms 4.2.2. The Merits of the Criticisms III. Grouping the Claims 1. The Ways in Which the Group is Defined 2. Two Necessary Elements of Group Definition 3. Towards an Adequate Group Definition: What Matters? 3.1. The Type of Loss 3.2. The Type of Plaintiff 4. The Proposed Approach: Grouping Consumer Claims IV. Concluding Remarks CHAPTER 7 DESIGNING COLLECTIVE REDRESS ACTIONS: REPRESENTATIVE PARTY AND FUNDING RULES I. Introduction II. Determining the Representative Party 1. Lead Plaintiff 2. Ideological Claimant III. Funding 1. Liability for Costs 2. Possible Options for Funding 3. Contingency Fees as One of the Options 4. The Proposed Approach IV. Concluding Remarks CHAPTER 8 CALCULATION AND DISTRIBUTION OF DAMAGES IN COLLECTIVE ACTIONS FOR CONSUMERS I. Introduction II. Possible Ways of Awarding Damages to a Group 1. Aggregate versus Individual Damages Assessment 2. Aggregate Damages Assessment and the Compensation Objective III. Calculation of Damages to Consumers IV. Allocation of Damages 1. Distribution of Damages to Group Members 2. Possible Alternatives for Undistributed Damages and the Proposed Approach V. Concluding Remarks CHAPTER 9 CONCLUSIONS Bibliography index

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The fifth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage.DiMatteoâs transactional approach walks students through key business transactionsâfrom import and export, contracts, and finance to countertrade, dispute resolution, licensing, and moreâgiving them both context and providing real-world applications. This new edition also features:â Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology, Artificial Intelligence, Market for Non-Fungible Tokens, and the Metaverseâ Discussion of businesses and sustainability, climate change, and creating a circular economyâ International perspective and use of a variety of national and international law mate

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Book SynopsisKey Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses.The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses and unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce inTable of ContentsIntroduction to consumer protectionConsumer protection in contract lawSale of goodsUnsolicited goodsDistance sellingSupply of goods and servicesProtection under the law of tortControl of exemption clauses & unfair termsThe Consumer Protection Act 1987 and civil remediesCriminal Law as a means of consumer protectionThe Consumer Protection Act 1987 and criminal liabilityTrade Descriptions Act 1968Misleading pricesConsumer creditPackage holidays

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Book SynopsisTable of ContentsBRIEF TABLE OF CONTENTS Part I Legal, Ethical, and Digital Environment 1. Legal Heritage and the Digital Age 2. Constitutional Law for Business and E-Commerce 3. Courts and Jurisdiction 4. Judicial, Alternative, Administrative, and E-Dispute Resolution 5. Intentional Torts and Negligence 6. Criminal Law and Cyber Crimes 7. Intellectual Property and Cyber Piracy 8. Ethics and Social Responsibility of Business Part II Contracts and E-Commerce 9. Nature of Traditional and E-Contracts 10. Agreement and Consideration 11. Capacity and Legality 12. Genuineness of Assent and Statute of Frauds 13. Third-Party Rights and Discharge 14. Breach of Contract and Remedies 15. Digital Law and E-Commerce Part III Sales and Lease Contracts and Product Liability 16. Formation of Sales and Lease Contracts 17. Title to Goods and Risk of Loss 18. Remedies for Breach of Sales and Lease Contracts 19. Warranties and Product Liability Part IV Negotiable Instruments, Banking, and Electronic Financial Transactions 20. Creation and Transfer of Negotiable Instruments 21. Holder in Due Course and Liability of Parties 22. Banking System and Electronic Financial Transactions Part V Credit, Secured Transactions, and Bankruptcy 23. Credit, Real Property Financing, and Secured Transactions 24. Bankruptcy and Reorganization Part VI Business Organizations, Corporate Governance, and Investor Protection 25. Agency Law 26. Small Business, Entrepreneurship, and Partnerships 27. Corporate Formation and Financing 28. Corporate Governance and the Sarbanes-Oxley Act 29. Corporate Acquisitions and Multinational Corporations 30. Limited Liability Companies and Limited Liability Partnerships 31. Franchise and Special Forms of Business 32. Investor Protection, E-Securities, and Wall Street Reform Part VII Government Regulation and Employment Law 33. Antitrust Law and Unfair Trade Practices 34. Consumer Safety and Environmental Protection 35. Labor, Worker Protection, and Immigration Law 36. Equal Opportunity in Employment Part VIII Property, Insurance, and Estates 37. Personal Property, Bailment, and Insurance 38. Real Property, Landlord-Tenant Law, and Land Use Regulation 39. Family Law, Wills, and Trusts Part IX Accounting Profession 40. Accountants’ Duties and Liability Part X Global Environment 41. International and World Trade Law Appendices A The Constitution of the United States of America Case Index Subject Index

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Book SynopsisProfessor Charles Wild (PhD, MBA, LLM, PCHE, LPC, CPE, BSc (Econ)) is a leading authority on company law, has lectured widely, both in the UK and abroad, and acts as consultant to a number of public and private bodies.   Professor Stuart Weinstein (JD, MBA, BA) is a solicitor and attorney with over twenty years' practice experience in the US, UK and Korea, is a recognized expert on legal risk management in companies, and is a Swift Institute Scholar.  Table of Contents Brief contents Preface to the eighteenth editionLaw report abbreviationsTable of casesTable of statutes1 An overview of company law2 Partnerships and Limited Liability Partnerships (LLPs)3 Promotion, incorporation, membership and people with significant control4 The corporate veil5 Corporate governance6 The memorandum of association7 The articles of association8 Altering the articles of association9 The company and its contracts10 Directors and management11 The duties of directors12 Vacation of office, disqualification and the personal liability of directors13 Meetings and resolutions14 Allotments, calls and forfeiture of shares15 Shares and share capital16 Shares – payment and transfer17 Company flotations and insider dealing18 Capital maintenance and distribution19 Debentures and charges20 The statutory derivative action21 The protection of minorities22 Corporate insolvency – company rescue23 Corporate insolvency – procedures other than rescue24 Corporate insolvency – winding-up in contextIndex

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Book SynopsisGoode on Commercial Law is the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. This highly acclaimed and authoritative text, which is regularly cited by all courts from the House of Lords (now the Supreme Court) downwards, combines a deep theoretical analysis with a practical approach which examines the theory in the context of typical commercial and financial agreements, both domestic and international. The work is replete with diagrams and specimen forms covering a wide range of transactions.This Sixth edition has been retitled Goode and McKendrick on Commercial Law, and has been fully revised to take account of key legal developments since the fifth edition.

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Book SynopsisIn recent years, a great deal has changed in the oil and gas industry, from legal and regulatory change to falling oil prices. This updated third edition of 'UK Oil and Gas Law' has been published in two volumes: this volume focuses on commercial and contract law issues.

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Book SynopsisScots Commercial Law brings together expertise from academia and practice. Part I puts the subject in context with chapters on Juristic Persons, General Principles of Contract and General Principles of Property. Part II covers the main subject areas covered in commercial law courses

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.Table of ContentsPreface Contributors Table of Cases Table of Legislation 1. Introduction Paul S Davies (University College London, UK) and Tan Cheng-Han SC (City University of Hong Kong) 2. The Fiduciary Status of Agents Matthew Conaglen (University of Sydney, Australia) 3. Ministerial Acts Rachel Leow (National University of Singapore) 4. Justifications for and Limitations on Interventions by Undisclosed Principals William Day (University of Cambridge / 3 Verulam Buildings, UK) 5. Agency Theory Revisited and Practical Implications Gerard McMeel KC (University of Reading, UK) 6. Platform Liability for Terrorist Activities Ying Hu (National University of Singapore) 7. How Intermediaries Entrench Google’s Position in the Advertising Display Market Roger Alford (University of Notre Dame, USA) 8. The Platform as Agent Deborah A DeMott (Duke University, USA) 9. Online Intermediary Platforms and English Contract Law Christian Twigg-Flesner (University of Warwick, UK) 10. Agency, Artificial Intelligence and Algorithmic Agreements Tan Cheng-Han SC (City University of Hong Kong) 11. Client-Intermediary Relations in the Crypto-Asset World Hin Liu (University of Oxford, UK), Louise Gullifer (University of Cambridge, UK) and Henry Chong (Fusang Corp, Hong Kong) 12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) 13. The Partner’s Fiduciary and Good Faith Duties: More than Just an Agent? Laura Macgregor (University of Edinburgh, UK) 14. Debt Collection and Assignment of Debts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) 15. Financial Wellbeing – the Missing Link in Financial Advice under Private Law and Statute Andrew Godwin (University of Melbourne, Australia), Wai Yee Wan (City University of Hong Kong) and Qinzhe Yao (Skandan Law LLC, Singapore) 16. Adjudicating Intermediary-Related Losses Hans Tjio (National University of Singapore) 17. Intermediaries as ‘Gatekeepers’ in International and Domestic Regulation Alexander Loke (City University of Hong Kong) 18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power Sarah Paterson (London School of Economics and Political Science, UK)

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Book Synopsis“This is a big book, with big themes and an author with the necessary experience to back them up… Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance.” (Law Quarterly Review) Volume 1 of this new edition covers the roots and foundations of private law, the different origins, structure, and orientation of civil and common law, and the social and cultural forces behind it. It analyses the practical needs and market forces behind the emergence of a new transnational commercial and financial legal order, its international finance-driven impulses, concepts, and operation; the theoretical basis of the transnationalisation of the law in the professional sphere in that order; the autonomous sources of the new law merchant or modern lex mercatoria derived from the method of public international law, as well as its relationship to domestic and transnational public policy and public order requirements. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.Table of ContentsPart I The Emergence of the Modern Lex Mercatoria, its Method, Structure and Antecedents. Civil or Common Law Thinking? 1.1. Introduction 1.2. The Origin of Civil Law. Its Traditional Approach to Law Formation and to the Operation of Private Law. Effect on Commercial and Financial Law 1.3. The Origin and Evolution of the Common Law. Its Approach to Law, Private Law Formation and Operation 1.4. The Sources of Law in the Civil and Common Law Tradition. The Approach in Transnational Private Law and the Hierarchy of Sources of Law and their Norms in the Modern Lex Mercatoria 1.5. Different Legal Orders, their Manifestation, and the Competition between them. Cultural, Sociological and Economic Undercurrents in the Formation of Transnational Commercial and Financial Law (Modern Lex Mercatoria) Part II The Nature, Status and Function of Private International Law 2.1. Modern Private International Law 2.2. The Modern European and US Approaches to Conflicts of Law 2.3. Interaction of Private International Law and Uniform Law Part III The Substance and Operation of Transnational Commercial and Financial Law or the Modern Lex Mercatoria 3.1. The Lex Mercatoria, Interrelation with Private International Law, Legitimation 3.2. The Hierarchy of Norms from Different Legal Sources in the Modern Lex Mercatoria: Elaboration in the Positive Law 3.3. Operation of the Lex Mercatoria. Objections

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Book SynopsisThe European Energy Law Reports are an initiative taken by the organisers of the European Energy Law Seminar which has been organised on an annual basis since 1989 at Noordwijk aan Zee in the Netherlands. The aim of this seminar is to present an overview of the most important legal developments in the field of International, EU and national energy and climate law. Whereas the first seminars concentrated on the developments at EC level, which were the results of the establishment of an Internal Energy Market, the focus has now gradually switched to the developments at the national level following the implementation of the EU Directives with regard to the internal electricity and gas markets. This approach can also be found in these reports.This volume includes chapters on ''Newcomers in the Electricity Market: Aggregators and Storage'', ''Hydropower Concessions in the EU: A Need for Liberalisation or Privatisation?'', ''Investments and des-Investments in the Energy Sector'', ''Offshore Decommissioning in the North Sea'', ''CCS as a Climate Tool: North Sea Practice'' and ''From EU Climate Goals to National Climate Laws''Trade Review'[...], this edited collection constitutes a meaningful contribution to the literature on European and international energy law at large.' -- Matteo Fermeglia, Journal of Energy & Natural Resources Law, 2020.'In the current volume, the editors have provided the reader with an overarching theme, which, according to the editors, is based on the common thread discussed in the seminar, namely the liberalization of the energy market in combination with the increased use of renewable energy sources.' -- Sirja-Leena Penttinen, Oil, Gas & Energy Law Intelligence, 2021.Table of ContentsTable of Contents and preliminary matter (p. 0) Introduction (p. 1) NEWCOMERS IN THE ELECTRICITY MARKET: AGGREGATORS AND STORAGE Chapter I. How is the Energy Sector Faring at the EU Courts? A Year in Review (p. 13) Chapter II. Newcomers in the Belgian Electricity Market: Aggregators (p. 35) Chapter III. Aggregation of Distributed Energy Resources in the United States: Current Uses and Potential for More Widespread Deployment (p. 57) Chapter IV. Potential Hurdles to the Regulation of Electricity Storage Development in the UK (p. 79) HYDROPOWER CONCESSIONS IN THE EU: A NEED FOR LIBERALISATION OR PRIVATISATION? Chapter V. Power-to-Gas and Hydrogen for Energy Storage under EU Energy Law (p. 101) Chapter VI. EU Law and Norwegian Hydropower Legislation: A Challenging Interface (p. 127) Chapter VII. The Legal Regime of Hydroelectric Licences in France (p. 153) Chapter VIII. Hydropower Concessions in Italy (p. 165) INVESTMENTS AND DISINVESTMENTS IN THE ENERGY SECTOR Chapter IX. Hydroelectric Concessions: The Portuguese Legal Framework (p. 173) Chapter X. The EU Approach to the Regulation of Guarantees of Origin (p. 197) Chapter XI. The Screening of Foreign Direct Investments into the European Union: Regulation 2019/452 and its Implications for Energy Investments (p. 219) Chapter XII. Closure of Nuclear Power Plants in Germany, Sweden and France: Different Strategies for Different Results (p. 245) OFFSHORE DECOMMISSIONING IN THE NORTH SEA Chapter XIII. Phasing Out Coal-Fired Power Plants in the European Union: Examples from the Netherlands and Germany (p. 261) Chapter XIV. The Regulation of Decommissioning in the Netherlands: From Removal to Re-Use (p. 289) Chapter XV. Decommissioning of Offshore Installations upon the UK Continental Shelf (p. 307) Chapter XVI. Regulation of Infrastructure Decommissioning in the Danish Offshore Oil and Gas Sector: The Final Chapter in the Danish Oil Adventure (p. 329) CCS AS A CLIMATE TOOL: NORTH SEA PRACTICE Chapter XVII. Decommissioning Practice in Norway (p. 351) Chapter XVIII. CCS Legislation in Norway: The EU CCS Directive and its Implementation into Norwegian Law (p. 369) Chapter XIX. Developments in UK Carbon Capture and Storage (p. 387) FROM EU CLIMATE GOALS TO NATIONAL CLIMATE LAWS Chapter XX. Carbon Capture and Storage in the Netherlands: A Long and Winding Process (p. 405) Chapter XXI. A Stocktake of Legal Research on the United Kingdoms Climate Change Act: Present Understandings, Future Opportunities (p. 421) Chapter XXII. The Swedish Climate Policy Framework and the Climate Act (p. 443) Chapter XXIII. Climate Litigation, Climate Act and Climate Agreement in the Netherlands (p. 457)

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Book SynopsisThe Commercial Law Handbook examines the most commonly encountered transactions, provides a checklist of the terms that need to be included in the agreements and analyses the issues that should be considered when drafting them. This new second edition includes: - Consumer Rights Act 2015 - General Data Protection Regulation (Data Protection Act 2018) - Rome I and II Regulations on governing law - Recast Brussels Regulation on jurisdiction and the recognition and enforcement of judgments - Competition and Markets Authority succeeding the Office of Fair Trading - case law clarifying rights of agents and operation of Commercial Agents Regulations - perspectives on the potential impact of Brexit.Table of Contents1. Introduction: what is a commercial contract and how to draft one; 2. Services agreements; 3. Sale and supply of goods agreements; 4. Distribution agreements; 5. Agency agreements; 6. Licensing and franchising agreements; 7. Joint ventures; 8. Competition law aspects; 9. Resolution of commercial disputes; Appendix.

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Book SynopsisChristiane Siemon gibt einen Überblick zu den rechtlichen Grundlagen des ErbbauRG über den Vergleich von Annuitätendarlehen und Erbbaurecht anhand von praxisnahen Fallbeispielen bis zur Analyse der Zukunftsfähigkeit des aktuellen Erbbaurechts. Sie geht im Besonderen auf die Wertsicherungsklauseln, den marktgerechten Erbbauzins sowie auf die Möglichkeit der verstärkten Nutzung des Erbbaurechts für Kommunen ein. Außerdem wird die Problematik der Altersabsicherung erläutert. Die Autorin zeigt, dass das Erbbaurecht in Verbindung mit den aktuell niedrigen Nominalzinsen nur bedingt eine alternative Möglichkeit des Immobilienerwerbs darstellt. Einbezogen wird die Möglichkeit der Ermäßigung des Erbbauzinses zugunsten von Familien und der Änderung des Erbbauzinses anhand des VPI. Im Rahmen der nachhaltigen Stadtentwicklung könnte das Erbbaurecht darüber hinaus einen größeren Stellenwert einnehmen. Diese Möglichkeit wird durch aktuelle Beispiele aus der Wirtschaft dargestellt. Table of ContentsWesentliche Aspekte des Erbbaurechts.- Der Vergleich von Annuitätendarlehen und Erbbaurecht im Grunderwerb.- Fallbeispiele zum Annuitätendarlehen und Erbbaurecht im Vergleich.- Zukunftsfähigkeit im Rahmen der kommunalen Nutzung des Erbbaurechts.- Die Wirtschaftlichkeit des Erbbaurechts.

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Book SynopsisExploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessarynot only to benefit creators and inventors but also to support activities that contribute to the culture at largeyet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.Trade Review"Buskirk’s critical, nuanced take on copyright includes varied, important topics, such as a deep dive on the shortcomings of our fair-use exceptions to copyright; discussions on who benefits from copyright restrictions (author or publisher); how to consider moral or personhood rights of the author; and the challenges that fake or forged artwork poses to the art world. . . . Is It Ours? exposes the challenges of applying a uniform system to a diverse set of art through examples of cases that involve text, painting, sculpture, music, film, photography, digital images, etc." * ARLIS/NA Reviews *"The meticulously researched material makes this text a good reference for librarians, faculty, and graduate students desiring context for the constantly evolving copyright landscape and its impact on our culture." * College & Research Libraries *"Is It Ours? provides an impressive range of lawsuits and other conflicts within and beyond the contemporary art world emblematic of different problems that arise when copyright and other types of intellectual property function as a powerful economic engine." * Art Journal *Table of ContentsAcknowledgments Introduction: The Convenient Fiction of Authorship 1. From Privilege to IP 2. The Appropriation Game 3. Art, Life, and Infringement 4. Moral Rights and Beyond 5. Public Matters 6. Authorship and the Undead 7. Status Shifts 8. From Authentic to Fake Coda: Life in the Virtual Commons Notes List of Illustrations Index

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Book SynopsisReflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.Trade Review‘I found this book impressively clear and readable, not academic or abstract in its approach but tied at every point to examples in English and civil law.’ -- Daphne Perry, The Law SocietyAcclaim for previous editions:Table of ContentsContents: Preface to the third edition PART 1 CONTRACTS 1. Introduction 2. Sources of contract law PART 2 THE FORMATION OF A CONTRACT 3. Offer and acceptance 4. The intention to create legal relations 5. Legal capacity of the parties 6. Formalities PART 3 THE CONTENTS OF THE CONTRACT 7. The party agreement: Interpretation and gap filling 8. The principle of good faith and policing unfair contract terms PART 4 VITIATING FACTORS 9. Defects of consent and misrepresentation 10. Prohibited contracts PART 5 CONTRACTUAL REMEDIES 11. Performance 12. Damages for non-performance 13. Termination of the contract PART 6 CONTRACTS AND THIRD PARTIES 14. Contracts and third parties Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda considers the future direction of research in tax law, channeling creative thinking from leading tax scholars around the world who explore potential routes for further development in both traditional and more unconventional areas of tax law.Showcasing visionary and provocative thoughts from leading international tax scholars, each chapter follows a clear methodological structure, setting each specific topic in context before identifying research gaps indicating potential avenues for future research. These developments are discussed in relation to tax law’s interaction with a myriad of cutting-edge topics such as environmental challenges, new technologies, racial and immigration issues. The expert authors astutely draw out the social implications of tax law in order to present a case for developing a more global and interconnected approach to contemporary research ventures.A Research Agenda for Tax Law will provide guidance and inspiration for future researchers, doctoral students and scholars in the field of tax law and fiscal policy who wish to dive into some deeper, and perhaps unknown, waters of taxation.Trade Review‘. . . the individual chapters in this collection are all excellent and are a first port of call for tax researchers looking for inspiration. The book also provides an incredibly helpful reference point for academics who receive queries from students unsure of what their postgraduate research should explore. The book is thoroughly recommended to tax researchers, experienced and newcomers alike. It comes as a breath of fresh air for the scholar stuck in the same old stuffy room of ideas. Blue-sky thinking, which this book champions, is to be cherished.’ -- Stephen Daly, British Tax Review‘Proving that tax profoundly influences all aspects of society, this volume includes reflections by the world’s leading academics on essential facets of taxation — from age-old questions about redistribution to cutting-edge questions about how tax can mitigate climate change. Touching on race, inequality, morality, technology, rights, and more, this book truly supplies a research agenda for tax law.’ -- Ruth Mason, University of Virginia, US‘This is an outstanding introduction to tax research by leading tax scholars around the world. It provides simple guidance and inspiration for researchers who want to explore in depth various contested areas of tax law. It should be read by anyone interested in taxation.’ -- Reuven S. Avi-Yonah, University of Michigan, USTable of ContentsContents: Introduction: Why a Research Agenda in Tax Law? 1 Leopoldo Parada 1 Fundamental rights and tax law 15 Philip Baker 2 Public law and political values in tax law 29 Dominic de Cogan 3 Environmental challenges and tax law 47 Marta Villar Ezcurra 4 New technologies and tax law 65 Luisa Scarcella 5 Tax law, inequality, and redistribution: recent and possible future developments 85 Daniel Shaviro 6 Racial issues in tax law: identification, redress, and a new vision of horizontal equity 105 Alice G. Abreu 7 Taxation and immigration 127 Svetislav Kostić 8 An indirect tax law agenda 145 Giorgio Beretta 9 A European tax law agenda in direct taxation 163 Rita Szudoczky 10 An international tax law agenda 183 Aitor Navarro Ibarrola 11 Conclusions: The future of research in tax law 203 Leopoldo Parada Index

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Book SynopsisThe Routledge Handbook of Commercial Space Law provides a definitive survey of the transitions and adjustments across the stakeholder community contributing to outer space activities. The interaction between NewSpace, traditional aerospace industrials, and non-traditional space-related technologies is driving market changes which will affect state practice in what has until now been a government dominated market. Greater private commercial participation will lead to new economic approaches to risk-sharing models driven by a space services dominated market. This handbook is a detailed reference source of original articles which analyse and critically evaluate the scope of the current paradigm change, and explain why space contracts and risk apportionment as currently known will change in tune with ongoing market transitions. Reference is made to the scope of best practices across various leading states involved in space activities. With contributions from a selection of highlyTrade Review“The challenges within the commercial space market are often perceived as technical. And while it is indeed a technical challenge, for example, to land and re-use a rocket booster, or to understand how to perform 3D printing and additive manufacturing in space, the more intractable hurdles may well be economic, financial, regulatory, political, and cultural. In this excellent compilation of writing from experts in the global space sector’s legal and regulatory community, Dr. Lesley Jane Smith and co-editors have assembled a ‘must-read’ for practitioners and scholars alike. The frameworks of Apollo and other large, monolithic, government-driven space programs have given way to a new, multi-variate, and extremely dynamic private-sector, that is moving faster than many of the legal and policy frameworks can adapt. Consequently, this timely compendium from the world’s best thinkers on where the market is headed, challenges that we all face, and regulatory frameworks that must be navigated, is an essential read for our entire community.”John M. Horack, PhD, Professor and Neil Armstrong Chair in Aerospace Policy, The Ohio State University“The economic growth of emerging ecosystems relies wholly on a legal framework that protects the interests of investors, operators and nation states. Without innovative legal frameworks such as those outlined in this book by thought-leading legal scholars in this space, the private space sector would have no basis for growth. This Handbook is essential reading and reference for those executives, policy makers and investors who wish to venture into the growing opportunity of the space sector with clarity on where and how they are best able to contribute to and unlock success in this exciting field.”Prof. Sinead O’Sullivan, Institute for Strategy and Competitiveness, Harvard Business School“Given the rapid growth of the global space economy with projections of a trillion-dollar space economy by the year 2040, The Handbook on Commercial Space Law – Legal Practice(s) for New Space is an extremely timely publication that is certain to become an invaluable reference tool for many years to come to commercial practitioners, policymakers and academics addressing the market changes brought about by NewSpace. In a series of well-structured chapters written by a global cross-section of space specialists, Lesley Jane Smith, Ingo Baumann and Susan-Gale Wintermuth have collected a strong set of contributions that highlight, in a comparative fashion: the main legal challenges posed by NewSpace, how different countries are adapting their national regulatory frameworks, as well as adopting different approaches to foster innovation and support NewSpace.”Lucy Stojak, Chair, Canadian Space Council Directrice exécutive, Mosaic - Pôle créativité et innovation, Montréal (Québec)“The Space economy is entering the Industrial Revolution phase of its rapid development, with both private and public sector investment and satellite launches going exponential, as are the uses for space tech in putting industries such as data centres in space, sourcing solar power from space and observing the earth in new ways. I also believe firmly that a planet of 10 billion people will never achieve net zero without space industrialisation. That is why this book is so timely and useful. As Chair of the world’s first publicly quoted investment trust for space tech I want answers to lots of questions on global commercial space law and here they are. We are in an age of rapid change with consequent instability and in that context the rule of law and its rapid adaptation to technological change is crucial, so I intend to keep my copy of The Routledge Handbook on Commercial Space Law close by.”Will Whitehorn, Chancellor of Napier University, Edinburgh, Former Virgin Galactic, Chair, Seraphim Venture Capital Trust, FRAeS FCILT FMS, Chair, Seraphim Space Investment Trust PLC, Member, UK Space Agency Space Exploration Advisory Committee“This Handbook covers all relevant issues and trends in today’s revolutionary transition from traditional space governance to commercial and privatised NewSpace. The impressive team of editors and contributors provides outstanding insight and guidance for navigating in this new universe of space becoming indispensable for our economies and societies on national levels as well as on a global scale.”Dr. Kai-Uwe Schrogl, President, International Institute of Space Law (IISL), Head of strategy, European Space Agency, Paris“As the space economy gallops ahead with private sector participation extending the earlier generation national space programs, the regulatory landscape that was aligned with the earlier sector construct, starts getting outdated and the need for the regulations to keep pace with the technological and economic developments seems both urgent and important. The value, that this development of private sector participation brings, is demonstrated both with respect to technology disruption and socio-economic impact. The players themselves are rearing to be on the tracks, however as the space activities are unbound by geographical boundaries, the treatment in terms of permissions, issues of commerce, patents, liabilities and rights, social responsibility etc take on a meaning that is not facilitated by the existing national and international construct of laws. This book is more of treatise on this subject and carefully highlights issues and the attempts by some nations to address these. Not all of these are optimal in a fast developing and expanding sector and each new attempt needs to build on the success and concerns that these attempts raise. Equally important is the fact that the private sector needs to be facilitated by these attempts, and have a significant role in not just the outcomes of these deliberations, but also play a constructive role in these developing regulatory landscape. In this direction the book, while being a comprehensive asset to the policy makers is also a significant input for the private sector players themselves to understand the developing regulatory ecosystem, under which they need to survive and thrive.I thank the various experts for sharing the knowledge that stems from their deep engagement in understanding and steering the international deliberations, especially Dr. Ranjana Kaul who helps us see the situation from the India lens. I also thank the Lesley Jane Smith, Ingo Baumann and Susan-Gale Wintermuth for bringing out this compendium of thoughts from all the internationals experts.”Dr. Subba Rao Pavuluri, President, Satcom Industry Association (SIA -India) and CMD Ananth Technologies Ltd“60 years ago, President John F Kennedy addressed Rice University (Texas) on the moon-shot programme. And during that historical speech he determined that ‘The greater our knowledge increases, the greater our ignorance unfolds’. The Editor and Authors of this vanguard Routledge Handbook have delivered a timely compendium of lessons learnt, knowledge gained and the critical challenges and opportunities around the future. And it is genuinely global in perspective yet precise in detail and understanding. It is entirely relevant. The document’s unquestionable strength is the spectrum of contributors and the intelligent fusing of the value that they each add, building knowledge and addressing ignorance. Space today, and as it was 60 years ago, is really hard. But because of the thoughtful, consolidated and extensive approach taken during the compilation of this Handbook, the space practitioner has a comprehensive handrail to the present and the future on which they can confidently rely.”James CMcG Johnston, OBE BSc MIoD FCMI, Director, Transcend Change Limited (commercial and secure government satellite consultant, ex RAF)“Space today offers one of cutting edge and fast-growing opportunity for taking technology into new business. In comparison to well established business areas, such as IT or transport law, the newcomers’ investors in space enterprises might be confused in discovering incomplete legal frameworks depending on where they are based, an apparent maze of regulatory conditions to become applicable, the dispersed availability of proven legal expertise in each jurisdiction. The representatives of the legal community who have undertaken this work are showing how to transition such impressions from complex or frustrating to reassuring and attractive. For both State actors and entrepreneurs, this volume tries to provide a mapping and to illustrate the legal landscape that space investors and operators will find, so to help an understanding of the challenges and opportunities offered by the space business. In this respect this publication is a useful example of how to foster the progressive and beneficial growth of laws and regulations, so to be experienced and leveraged by all kind of space actors and their endeavours. We wish to this collective work a long-term success of followers and so to continue developing our legal practice and business knowledge for using space.”Marco Ferrazzani, Senior Legal Counsel, European Space Agency (ESA)“This innovative book belongs on the shelf of any commercial space lawyer and those seeking to enter this exciting field. This well-researched treatise delves into major new developments in commercial space law such as in-orbit servicing, large constellations, artificial intelligence, big data, private spaceflight, and space resource exploitation. I believe all commercial space lawyers will benefit from the authors’ insight as we draft and review agreements for the novel space activities before us and on the horizon. I certainly will be consulting this book as I wrestle with the challenges of first-of-their-kind commercial space agreements and their national and international implications.”Milton “Skip” Smith, Chair, Aerospace Practice Group, Sherman & Howard, Denver, CO, legal Counsel to the private Dragon CrewTable of ContentsFigures Contributors Foreword Editor’s preface Introduction PART I: General framework and boundary conditions A: Changing institutional roles in space policy1 Towards a new legal ecosystem for the exploitation of space 2 The EU Regulation for the Space Programme: A new framework 3 Commercial space activities in the US: An overview of the current policy and regulatory framework B: Fostering NewSpace: Finance models and favourable jurisdictions4 NewSpace companies: Incorporating and financing operations 5 The Space Protocol of the Cape Town Convention: A tool to promote greater commercialisation and private financing in the space sector C: The international legal framework for licensing space activities: Innovative examples 6 Canada: Past, current, and future space law and policy perspectives 7 National space law and licensing of commercial space activities in Japan 8 Regulating commercial space activities in Australia and New Zealand 9 Practical experiences with Finland’s national space legislation and lessons learned 10 Framework and licensing requirements for space activities in Russia, with a particular focus on the NewSpace sector 11 How China incorporates and fosters commercial space activities by its national space law instruments12 India: Recent developments in space business and regulation D: Fostering innovation through competition and public procurement 13 The EU and ESA rules on public procurement 14 Procurement by ESA in times of pandemic crises 15 NewSpace growth through NASA’s contractual and other transaction authorities 16 Public-private partnership to promote new entrants to space activities in Japan PART II: Specific markets A: Commercial space solutions for earth observation data and space applications 17 Legal considerations for NewSpace companies when selling data (and associated products and services) to the US Government 18 Regulation of commercial Earth observation systems and data B: Large constellations: Frequencies, registration, and interference 19 A satellite operator’s practical experiences with licensing and market barriers for global satellite constellations: The case of OneWeb 20 Registration requirements for satellites and the reality of large constellations: Ensuring a symbiosis of international law requirements and practicability C: New launchers, small launchers, space ports, and space tourism 21 How can the insurance market provide new and effective solutions to NewSpace technologies and services? 22 Legislating for spaceports, commercial space markets, and space tourism D: Space mining 23 National and international norms towards the governance of commercial space resource activity E: Specific aspects of smart contracts and blockchain technology 24 Blockchain and smart contracts in space operations 25 Agile contracts for space projects PART III: Cross-cutting items and challenges A: International standards and export control 26 Export control and NewSpace: Reciprocal challenges B: Active debris removal, on-orbit servicing, and space traffic management 27 Towards space traffic management 28 Future regulatory and licensing trends for active debris removal and on-orbit servicing in the UK and US 29 Legal aspects of ground-based infrastructure for space situational awareness C: Long-term sustainability and the changing nature of space law (cybersecurity) 30 Space cybersecurity and US law 31 NewSpace and ensuring long-term sustainability of the space environment 32 Ensuring space sustainability through national space legislation D: Outlook 33 Mission off-world: A technology-enabled vision for reimagining our society on Earth and beyond Index

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