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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 SynopsisNo single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this EE Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn't), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari ah places on use of security devices, and reasons for Russia's meandering path to modernization.'- Peter Winship, SMU Dedman School of Law, USThis cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies.The book explores groundbreaking research across a comprehensive range of sectors and countries, including new, original analysis of Shari'ah compliant collateral regimes and improved access to finance for women. A diverse group of experts offer cutting-edge points of view as well as case studies from England and Wales, Morocco, Russia and Romania.The result is a unique and wide-ranging examination of secured transactions reform across the world and a valuable resource for researchers, government and development agencies, banks, and law firms.Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R. Calnan, F. Dahan, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O. Lemseffer, C. de Lima Ramos, J. Lymar, C. Manuel, M.J.T. McMillen, A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari, J.-H. Röver, M. Uttamchandani, K. van Zwieten, P.R. WoodTrade Review‘No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn’t), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari’ah places on use of security devices, and reasons for Russia’s meandering path to modernization.’ -- Peter Winship, Southern Methodist University, Dedman School of Law, USTable of ContentsContents: Foreword Philip R. Wood PART I SECURED TRANSACTIONS LAW, ECONOMIC IMPACT AND REFORM 1. How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence John Armour, Antonia Menezes, Mahesh Uttamchandani And Kristin Van Zwieten 2. The Influence of the UNCITRAL Legislative Guide On Secured Transactions Spyridon V. Bazinas 3. A Single Framework Governing Secured Transactions? Comparative Reflections Frederique Dahan 4. Implementing Shari’ah-Compliant Collateral Security Regimes: Select Issues Michael J.T. Mcmillen 5. Levelling the Legal Playing Field: What the Law Can and Can’t do to Improve Women’s Access to Secured Finance Clare Manuel PART II SECURED FINANCING: MANY FACETS AND CONTEXTS 6. Untying the Gordian Knot: Farmers, Banks, Insurers, Warehouse Receipts, Commodity Exchanges, Collateral Managers and Access to Credit Nicholas Budd 7. Sowing the Good Seeds: The Brazilian Experience of Agriculture Financing Christian de Lima Ramos 8. The Potential of Factoring for Improving SME Access to Finance Ivor Istuk 9. Security in Project Finance and PPP and the Implications for Secured Transactions Law: “Security is a Shield, Not a Sword” Jan-Hendrik Röver 10. Keeping it Real: SME Financing, Secured Transactions and Risk Appetite Tom Johnson 11. Financial Collateral Arrangements and the Financial Markets Edward Murray 12. Fundamentals of Taking Security Interests in Bank Accounts Marek Dubovec PART III TRENDS AND PERSPECTIVES FOR REFORM 13. Secured Transactions Law Reform in Russia: A Tortuous but Ultimately Successful Journey Natalia Nikitina and Julia Lymar 14. Reforming an Established Secured Transactions Legal System: Why and How Morocco is Approaching the Challenge Mustapha Mourahib, Bertrand Fournier-Montgieux and Ouns Lemseffer 15. Taking Stock of Romanian Secured Transactions After 15 Years of Reform: A Mapping of Past, Present and Future Milestones Victor Pădurari and Andreea Simona Burtoiu 16. Piecemeal Reform: Is it The Answer? Louise Gullifer 17. What Makes a Good Law of Security? Richard Calnan Index

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Book SynopsisThis book is a detailed overview of the corporate and financial laws of Korea and analyzes current issues within those fields from both academic and practical perspectives, providing a unique tool for understanding Korean law in a business and financial context. The approach of the book is two-fold. On the one hand the book offers valuable insight into the fundamental principles of Korean business law, and landmark cases in the field. On the other hand there is extensive analysis of more recent developments and of current issues raised by recent court cases. The book combines coverage of Korean corporate law and Korean financial law and includes detailed examination of corporate law issues such as director liability, minority shareholder protection, and the dynamic practice area of mergers and acquisitions, and of financial law topics, including private equity, structured finance and foreign financial institutions. A rich and extensive resource with insight from leading scholars and practitioners, Korean Business Law will be of great benefit both to lawyers who have clients with business interests in Korea, and to scholars of international corporate law and governance. Contributors: B.S. Black, B.R. Cheffins, A.Z. Chen, J. Cho, H.J. Kang, T.D. Kang, H.-J. Kim, H. Kim, S.G. Kim, M. Klausner, K.H. Moon, H. Oh, S.-J. Park, A.C. Pritchard, H.-J. Rho, E.Y. ShinTrade ReviewWe welcome this thought-provoking title as a great introduction to those new to both the country itself and how its own legal system for business is structured so you have some idea of how to do business the Korean way. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface 1. Directors’ Duties and Liabilities in Korean Companies Hwa-Jin Kim and Sung-Joon Park 2. Shareholder Suits Against Korean Directors Bernard S. Black, Brian R. Cheffins and Michael Klausner 3. New Squeeze-out Devices as a Part of Corporate Law Reform in Korea Hyeok-Joon Rho 4. Monitoring of Corporate Groups by Independent Directors A.C. Pritchard 5. Piercing of the Corporate Veil in Korea: Case Commentary Joseph Cho and Eun Young Shin 6. The Range and Scope of Accounting Books and Records Tony DongWook Kang 7. Review of Korean Laws Pertinent to Foreign Financial Institutions’ Korean Business: With Emphasis on a Few Issues that are Frequently Raised in Practice Hyunjoo Oh 8. Recent Regulatory Developments Regarding ABS in Korea Kyung Hwa Moon 9. Private Equity in Korea: History, Industry and Policy Hwa-Jin Kim and Alice Z. Chen 10. The Present and Future of Private Equity Funds (PEF) in Korea Hee Jeu Kang and Hyun Kim 11. The Market for Corporate Control in Korea Hwa-Jin Kim 12. Issuance of New Shares as a Takeover Defense and Countermeasures Sang Gon Kim Index

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Book SynopsisThe last two decades have witnessed the growth of new forms of entrepreneurial cooperation such as dynamic networks like virtual enterprises and enterprise pools. These business forms are often hybrid, having elements of both contract-based organizations and corporate forms, in particular partnership. This book examines the relative utility of contract and partnership law in fostering and maintaining these emerging business models, focusing on dynamic networks. The book analyzes how dynamic networks are organized and set up through, very often, collaborative contracts and how the behavior of their member firms is regulated. Good faith and fair dealing as a behavioral criterion in contractual and partnership relations, is an important theme of this work. The background and preconditions for the emergence and growth of such business forms is also investigated. The book contains case studies of such networks from different countries in particular Germany, Austria, Switzerland, England and Norway. It examines relevant legal rules in a number of jurisdictions such as England, Norway, Germany, Italy, France and the US. This detailed book will appeal to postgraduate students and academics in the fields of contract law, comparative law, partnership law and business/commercial law. Academics in other disciplines such as economics, sociology and business management will also find much to interest them in this study.Table of ContentsContents: Preface 1. Introduction 2. Case Studies 3. The Precontractual Stage 4. Post Formation of a Virtual Enterprise: Contractual Issues 5. Internal Relationship between the Parties During Performance: Good Faith as a Behavioural Criterion 6. Partnership Law Issues 7. Contractual Networks 8. Conclusion Bibliography Index

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Book SynopsisComprising essays specially commissioned for the volume, leading scholars who have shaped the field of corporate law and governance explore and critique developments in this vibrant and expanding area and offer possible directions for future research. This important addition to the Research Handbooks in Law and Economics series provides insights into subjects such as the role of directors, shareholders, creditors and employees; empirical studies of litigation and shareholder activism; executive compensation; corporate gatekeepers; comparative law; and behavioral approaches to law and finance. Topics are organized within five sections: corporate constituencies, insider governance, gatekeepers, jurisdiction, and new theory. Taken as a whole, the volume serves as an introduction for those new to the field and as a reference for those unfamiliar with some of the topics discussed. Authoritative and accessible, the Research Handbook on the Economics of Corporate Law will be a valuable resource for students, scholars, and practitioners of corporate law and economics. Contributors: R.B. Ahdieh, V. Atanasov, S.M. Bainbridge, B. Black, M.M. Blair, M.T. Bodie, C.S. Ciccotello, D.C. Clarke, L.A. Cunningham, A. Darbellay, S.M. Davidoff, L.M. Fairfax, F. Ferri, J.E. Fisch, T. Frankel, R.J. Gilson, S.J. Griffith, C.A. Hill, R. Kraakman, D.C. Langevoort, I.B. Lee, B.H. McDonnell, R.W. Painter, F. Partnoy, D.G. Smith, R.S. Thomas, R.B. Thompson, D.I. Walker, C.K. WhiteheadTrade Review’The text as a whole is comprehensive and the analysis is very clear and precise. Readers will find the content interesting, including recent developments in law and economics; this book is a 'must have' for academics and practitioners in law and economics... Each article features a well-written reference that is beneficial to readers particularly when the article refers to a particular theory that is difficult to comprehend in the first instance... this Handbook is clearly presented and well researched. The articles are comprehensive in nature and closely tied to each other. Therefore it is undoubtedly invaluable to academics, researchers and students who are interested in economics and corporate law in the United States as well as comparative law studies.’ -- Jerome Chan, International Company and Commercial Law ReviewTable of ContentsContents: 1. Introduction: The Evolution of the Economic Analysis of Corporate Law Claire A. Hill and Brett H. McDonnell PART I: CORPORATE CONSTITUENCIES 2. Director Primacy Stephen M. Bainbridge 3. Corporate Law and the Team Production Problem Margaret M. Blair 4. The Role of Shareholders in the Modern American Corporation D. Gordon Smith 5. Creditors and Debt Governance Charles K. Whitehead 6. Employees and the Boundaries of the Corporation Matthew T. Bodie 7. The Role of the Public Interest in Corporate Law Ian B. Lee PART II: INSIDER GOVERNANCE 8. Fiduciary Duties: The Emerging Jurisprudence Claire A. Hill and Brett H. McDonnell 9. Empirical Studies of Representative Litigation Randall S. Thomas and Robert B. Thompson 10. The Elusive Quest for Director Independence Lisa M. Fairfax 11. ‘Low-Cost’ Shareholder Activism: A Review of the Evidence Fabrizio Ferri 12. Takeover Theory and the Law and Economics Movement Steven M. Davidoff 13. The Law and Economics of Executive Compensation: Theory and Evidence David I. Walker PART III: GATEKEEPERS 14. Transaction Cost Engineers, Loophole Engineers or Gatekeepers: The Role of Business Lawyers After the Financial Meltdown Richard W. Painter 15. Credit Rating Agencies and Regulatory Reform Aline Darbellay and Frank Partnoy 16. The Influence of Law and Economics on Law and Accounting: Two Steps Forward, One Step Back Lawrence A. Cunningham 17. The Role and Regulation of the Research Analyst Jill E. Fisch 18. D&O Insurance and the Ability of Shareholder Litigation to Deter Sean J. Griffith 19. The Influence of Investment Banks on Corporate Governance Tamar Frankel PART IV: JURISDICTION 20. Varieties of Corporate Law-Making: Competition, Preemption, and Federalism Robert B. Ahdieh 21. The Past and Future of Comparative Corporate Governance Donald C. Clarke PART V: NEW THEORY 22. Self-Dealing by Corporate Insiders: Legal Constraints and Loopholes Vladimir Atanasov, Bernard Black and Conrad S. Ciccotello 23. Behavioral Approaches to Corporate Law Donald C. Langevoort 24. Market Efficiency After the Fall: Where Do We Stand Following the Financial Crisis? Ronald J. Gilson and Reinier Kraakman Index

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Book SynopsisPrivate Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies. Contributors: W.K. Arends, A.C. Briggs, W.J. Bruckner, P.B. Clayton, C.C. Corbitt, E.L. Cramer, M.B. Eisenkraft, A.A. Foer, A.J. Gaughan, P. Gilbert, J. Goldberg, D.E. Gustafson, M.D. Hausfeld, K. Kinsella, R.H. Lande, J. Langenfeld, S. Martin, K.J.L. O'Connor, H.L. Renfro, J.D. Richards, V. Romanenko, J.L. Rubin, M.R. Salzwedel, A.E. Shafroth, D.C. Simons, S.P. Slaughter, R.M. Stutz, B.E. Sweeney, J. Tabacco, M.J. Waters, S. Wheatman, K.C. Wildfang, G.G. Wrobel, J.A. ZahidTrade Review’The 2012 Handbook is one of the most practical and strategic looks at the formulation and conduct of private treble litigation available. It is practically unique in going beyond the substance of the antitrust law and giving the reader a peek behind the curtain as to how private antitrust litigation actually functions. It will prove to be of great value to students and practitioners, both inside and outside the United States, who want to understand what really occurs in and outside the courtroom.’ -- --World Competition: Law and Economics ReviewTable of ContentsContents: Preface Albert A. Foer and Randy M. Stutz Introduction: Benefits of Private Enforcement Robert H. Lande 1. Defining Antitrust Violations in the United States Bonny E. Sweeney 2. Pre-complaint Activities Craig C. Corbitt, Judith A. Zahid and Patrick B. Clayton 3. Parties Entitled to Pursue a Claim Eric L. Cramer and Daniel C. Simons 4. Initiation of a Private Action Michael D. Hausfeld 5. Class Actions J. Douglas Richards, Michael B. Eisenkraft and Abigail E. Shafroth 6. Procedural Defenses Short of Trial Jonathan L. Rubin 7. Pretrial Discovery in Civil Litigation Joseph Goldberg and Dan E. Gustafson 8. Economic Experts James Langenfeld, Gregory G. Wrobel and Michael J. Waters 9. Plaintiffs’ Remedies W. Joseph Bruckner and Matthew R. Salzwedel 10. Funding Litigation K. Craig Wildfang and Stacey P. Slaughter 11. Interaction of Public and Private Enforcement Kevin J.L. O’Connor, Anthony J. Gaughan, Hannah L. Renfro, Adam C. Briggs and Wendy K. Arends 12. Settlement Practice from Both a Plaintiff and Defense Perspective Joseph Tabacco and Scott Martin 13. Class Notice and Claims Administration Katherine Kinsella and Shannon Wheatman 14. Cy Pres as a Remedy in Private Antitrust Litigation Albert A. Foer 15. Proposals for Reform Pamela Gilbert and Victoria Romanenko Index

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Book SynopsisResearch on executive compensation has exploded in recent years, and this volume of specially commissioned essays brings the reader up-to-date on all of the latest developments in the field. Leading corporate governance scholars from a range of countries set out their views on four main areas of executive compensation: the history and theory of executive compensation, the structure of executive pay, corporate governance and executive compensation, and international perspectives on executive pay. The authors analyze the two dominant theoretical approaches - managerial power theory and optimal contracting theory - and examine their impact on executive pay levels and the practices of concentrated and dispersed share ownership in corporations. The effectiveness of government regulation of executive pay and international executive pay practices in Australia, the US, Europe, China, India and Japan are also discussed. A timely study of a controversial topic, this Handbook will be an essential resource for students, scholars and practitioners of law, finance, business, and accounting. Contributors: C. Amatucci, R. Bender, S. Bhagat, W. Bratton, S. Chahine, R. Chakrabarti, M.J. Conyon, G. Ferrarini, M. Firth, M. Goergen, B. Haar, L. He, M.T. Henderson, J.G. Hill, K. Kubo, T.Y. Leung, G. Loutzenhiser, M. Lubrano di Scorpaniello, J.A. McCahery, N. Moloney, K.J. Murphy, L. Oxelheim, L. Renneboog, R. Romano, O.M. Rui, Z. Sautner, K. Sheehan, K. Subramanian, R.S. Thomas, S. Thompson, G. Trojanowski, H. Wells, C. Wihlborg, J. Winter, P.K. Yadav, Y. Yadav, J. ZhangTrade Review‘. . . A controversial and endlessly debatable topic on which this book sheds considerable light and is a most welcome commentary. . . Rather than a collection of learned essays gleaned from various academic journals worldwide, the articles contained within this quite fascinating work of reference - all extensively footnoted - have all been specially commissioned by the editors to provide a wealth of informed, up-to-date commentary on the latest contributions to this debate worldwide from top scholars in this field. . . The book does provide copious resources for further research in the form of footnotes, extensive bibliographies at the end of each article and a detailed index at the back. With its global perspective and erudite approach, this book would certainly be an asset to anyone involved professionally or academically in any matters relating to executive pay.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Introduction PART I: HISTORY AND THEORY 1. The Politics of Pay: A Legislative History of Executive Compensation Kevin J. Murphy 2. U.S. Executive Compensation in Historical Perspective Harwell Wells 3. Executive Pay and Corporate Governance Reform in the UK: What Has Been Achieved? Steve Thompson 4. Governance Codes, Managerial Remuneration and Disciplining in the UK: A History of Governance Reform Failure? Luc Renneboog and Grzegorz Trojanowski 5. Agency Theory and Incentive Compensation William Bratton PART II: THE STRUCTURE OF EXECUTIVE PAY 6. Bankers’ Compensation and Prudential Supervision: The International Principles Guido Ferrarini 7. Reforming Financial Executives’ Compensation for the Long Term Sanjai Bhagat and Roberta Romano 8. How to Avoid Compensating the CEO for Luck: The Case of Macroeconomic Fluctuations Lars Oxelheim, Clas Wihlborg and Jianhua Zhang 9. CEO Compensation and Stock Options in IPO Firms Salim Chahine and Marc Goergen 10. Corporate Governance Going Astray: Executive Remuneration Built to Fail Jaap Winter PART III: CORPORATE GOVERNANCE AND EXECUTIVE COMPENSATION 11. Regulating Executive Remuneration After the Global Financial Crisis: Common Law Perspectives Jennifer G. Hill 12. Institutional Investor Preferences and Executive Compensation Joseph A. McCahery and Zacharias Sautner 13. Say on Pay and the Outrage Constraint Kym Sheehan 14. Taxing Executive Compensation Glen Loutzenhiser 15. Insider Trading and Executive Compensation: What We Can Learn from the Experience with Rule 10b5-1 M. Todd Henderson 16. Executive Compensation Consultants Ruth Bender PART IV: INTERNATIONAL PERSPECTIVES ON EXECUTIVE PAY 17. Lessons from the Rapid Evolution of Executive Remuneration Practices in Australia: Hard Law, Soft Law, Boards and Consultants Randall S. Thomas 18. Presidents’ Compensation in Japan Katsuyuki Kubo 19. Top Executive Pay in China Michael Firth, Tak Yan Leung and Oliver M. Rui 20. Executive Compensation and Pay for Performance in China Martin J. Conyon and Lerong He 21. Executive Compensation in India Rajesh Chakrabarti, Krishnamurthy Subramanian, Pradeep K. Yadav and Yesha Yadav 22. The EU and Executive Pay: Managing Harmonization Risks Niamh Moloney 23. Executive Compensation under German Corporate Law: Reasonableness, Managerial Incentives and Sustainability in Order to Enhance Optimal Contracting and to Limit Managerial Power Brigitte Haar 24. Director and Executive Compensation Regulations for Italian Listed and Closed Corporations Carlo Amatucci and Manlio Lubrano di Scorpaniello Index

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Book SynopsisIn this unique study Marek Dubovec examines contemporary commercial relationships between investors and their intermediaries - relationships based on accounts that hold intangible rights to securities, funds, and commodity contracts. Such accounts have replaced the traditional physical possession and delivery of tangible objects, such as security certificates, coins, and commodities that were previously used in commercial relationships.The author identifies and explains the critical components and functions of the systems for the holding of rights in accounts with intermediaries, identifying underlying principles that should be embodied in modern legislation underpinning the law of accounts. He not only compares the three major account-based systems, but does so from a comparative law perspective. He looks particularly at the differences between developed economies, which have established efficiently functioning accounts-based systems, and the majority of developing economies, which have yet to implement or modernize their accounts-holding systems.Contents: Preface Background Part I: Securities Accounts Relationships 1. Introduction to Part I 2. Securities Account Relationships 3. Transfers of Intermediated Securities, Finality and Security Interests 4. Summary of Part I Part II: Bank Account Relationships 5. Introduction to Part II 6. Bank Account Relationships 7. Funds Transfers, Finality and Security Interests 8. Summary of Part II Part III: Commodity Accounts Relationships 9. Introduction to Part III 10. Commodity Account Relationships 11. Commodity Transfers, Finality and Security Interests 12. Summary of Part III Conclusion IndexTrade ReviewThe Law of Securities, Commodities and Bank Accounts is one of the few legal books that focus exclusively on describing the intricate legal aspects of securities, commodities and bank accounts. Furthermore, unlike other legal works dealing with similar subject matter, its compact size makes it an excellent travel companion.' --Banking & Finance Law Review'This remarkable book offers a broad and comprehensive examination of the law of accounts. The author has succeeded in covering an impressive number of intricate legal questions with unsurpassable clarity. The book brings together topics that are rarely analyzed together, and enriches the perspective of the reader with frequent and exact references to other legal systems' --José M. Garrido, LEGPS - The World Bank'To conclude, this is a thought provoking technical book written with a considerable insight into secured transactions law. Dr Dubovec's careful elucidation and comparative analysis of the policy problems inherent in the law of securities, commodities and bank accounts is to be commended to all those with an interest in this field.' --Journal of International Banking Law and RegulationTable of ContentsContents: Preface Background Part I: Securities Accounts Relationships 1. Introduction to Part I 2. Securities Account Relationships 3. Transfers of Intermediated Securities, Finality and Security Interests 4. Summary of Part I Part II: Bank Account Relationships 5. Introduction to Part II 6. Bank Account Relationships 7. Funds Transfers, Finality and Security Interests 8. Summary of Part II Part III: Commodity Accounts Relationships 9. Introduction to Part III 10. Commodity Account Relationships 11. Commodity Transfers, Finality and Security Interests 12. Summary of Part III Conclusion Index

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Book SynopsisThis detailed study presents an accessible examination of how upstream petroleum activities are regulated in developed and developing petroleum countries. It includes a particular focus on the granting of access to petroleum resources, and incorporates a thorough consideration of the concept of Lex Petrolea.Different countries utilize a variety of legal models for regulating the exploitation of petroleum resources and two internationally recognized systems of managing natural resources are salient: concessionary systems and contractual systems. Expert contributors provide a detailed and insightful overview of the licensing and concession system that is used to award access to petroleum in many countries. They address topics such as auctions and work program bidding, and consider contexts such as offshore petroleum and the Russian system. The book considers the international nature of petroleum, alongside how licenses are granted under the bid and discretionary system. It includes a comparative analysis of the award of licenses in the countries discussed.This discerning and comprehensive work will be a useful entry point for students embarking study in petroleum law. Academics will find this timely examination to be an indispensable overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources.Contributors: S.W. Amaduobogha, O.L. Anderson, K. Fletcher-Johnson, G. Gordon, T. Hunter, A. Kompaniets, S. Kozuka, C. Kulander, E. Nordtveit, J. Paterson, E.G. Pereira, K. Svendsen, A. WawrykTrade Review'Tina Hunter has provided both practitioners and academics with a useful and much-needed handbook. It reminds the practitioner of the wider context and origins of the issues that comprise their daily work. For the lawyer moving into petroleum law for the first time, it gives a useful introduction. And the academics and students of petroleum law receive an introduction to some of the nitty gritty detail of petroleum contracts.' --Philip Andrews-Speed, National University of Singapore'Regulatory and contractual frameworks for upstream energy is a complex but highly relevant topic. By attracting an impressive list of academics and practitioners to examine and analyze some of the main areas for upstream operations, Dr Hunter provides a lucid account of the main elements in these systems. The book is an important addition to the existing body of literature on the topic.' --Kim Talus, University of Helsinki, Finland'Tina Hunter's edited book provides a comprehensive study of the key legal regimes that regulate the upstream petroleum sector. It is a useful guide for readers who want to have a clearer understanding on how the petroleum industry is regulated in the twenty-first century. The book is a highly relevant contribution to the practice and study of petroleum law, policy and governance and the growing specialism of petroleum law could do with more comparative studies of this nature.' --Hephzibah Egede, Review of European, Comparative and International Enviromental LawTable of ContentsContents: PART I PRINCIPLES OF PETROLEUM REGULATION 1. Petroleum Regulation in an International Context: The Universality of Petroleum Regulation and the Concept of Lex Petrolea Alex Wawryk 2. Access to Petroleum Under The Licensing and Concession System Tina Hunter PART II COMPARATIVE PETROLEUM REGULATION IN MATURE PETROLEUM PROVINCES 3 . Licensing and Concession System for Developing Australia’s Conventional Petroleum Resources Tina Hunter 4. Licensing the Exploration for and Production of Petroleum on the UK Continental Shelf Greg Gordon and John Paterson 5. Regulation of the Norwegian Upstream Petroleum Sector Ernst Nordtveit 6. The Offshore Petroleum Licensing Regime in the United States Owen L. Anderson and Christopher Kulander 7. Offshore Petroleum Resource Access and Regulation In Canada Kylie Fletcher-Johnson PART III COMPARATIVE PETROLEUM REGULATION IN DEVELOPING PETROLEUM PROVINCES 8. The Brazilian Concession System for Petroleum ExtractIon in Brazil Eduardo G. Pereira 9. The Legal Regime for Petroleum Activities in Nigeria Simon Warikiyei Amaduobogha 10. Regulation of the Russian Federation Petroleum Licensing Regime Kristoffer Svendsen and Andrey Kompaniets 11. Licensing and Regulation of Japan’s Offshore Resources Sourichirou Kozuka PART IV LEGAL ISSUES IN PETROLEUM REGULATION 12. Comparison of Access to Petroleum in Developed and Developing Licensing and Concession Systems Tina Hunter Index

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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 SynopsisFiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduciary principles to public officials and public institutions. Some have argued that fiduciary relationships are unified by a common structure, but courts and commentators typically treat each fiduciary relationship as distinct. As a result, fiduciary law is often viewed as fragmented. The Research Handbook on Fiduciary Law shows that fiduciary law can be a distinctive field of study in its own right. This timely work presents important accounts of fiduciary relationships and new ideas on how fiduciary law can be explained. Coverage includes discussion of fiduciary obligations, fiduciary remedies, the role of equity and trusts, and public fiduciary law. A number of comparative perspectives are introduced to highlight similarities and differences between leading jurisdictions. The chapters in this Research Handbook help to show why this subject has drawn so many distinctive points of view, and sheds new light on a multi-faceted and rapidly growing field of study.This Research Handbook will be of interest to readers concerned with both the theory and practice of fiduciary law, as it incorporates significant new insights and developments in the field. It will also act as a starting point of new inquiry for those looking to contribute to the field themselves. Contributors include: S.M. Bainbridge, S.L. Bray, C.M. Bruner, M. Conaglen, E.J. Criddle, D.A. DeMott, E. Fox-Decent, S. Galoob, M. Gelter, A.S. Gold, M. Harding, G. Helleringer, C. Hill, J. Hill, L.P.Q. Johnson, S.H. Kim, A. Laby, E. Leib, A. Licht, B. McDonnell, P. Miller, D.T. Rave, D.G. Smith, A. Tuch, J. VelascoTrade Review‘The Handbook is an impressive and wide-ranging treatment of various aspects of fiduciary law that has a great deal to say that is of interest and value to someone looking at the subject without a particular corporate or governance interest.’ -- Daniel J Carr, The Edinburgh Law ReviewTable of ContentsContents: Part I Theories of Fiduciary Law 1. Fiduciary Law’s Mixed Messages Evan J. Criddle 2. Interpreting Fiduciary Law Andrew S. Gold 3. Fiduciary Relationships, Fiduciary Law, and Trust Matthew Harding 4. Delimiting Fiduciary Status Julian Velasco Part II Fiduciary Duties 5. The Parable of the Talents Stephen M. Bainbridge 6. Fiduciary Law’s Anti-Corruption Norm Sung Hui Kim 7. Competing Accounts of Fiduciary Obligation Arthur B. Laby 8. Motivation, Information, Negotiation: Why Fiduciary Accountability Cannot be Negotiable Amir N. Licht 9. Dimensions of Fiduciary Loyalty Paul B. Miller Part III Liability and Remedies 10. Punitive Damages Against Trustees? Samuel L. Bray 11. Culpable Participation in Fiduciary Breach Deborah A. DeMott Part IV Corporations 12. Structural Bias, R.I.P.? Claire A. Hill and Brett H. McDonnell 13. Relating fiduciary duties to corporate personhood and corporate purpose Lyman P.Q. Johnson Part V Comparative Fiduciary Law 14. Opting Out of Fiduciary Duties and Liabilities in U.S. and U.K. Business Entities Christopher M. Bruner 15. Directors’ Duties and Legal Safe Harbours: A Comparative Analysis Jennifer G. Hill and Matthew Conaglen 16. Corporate Opportunities in the US and in the UK: How differences in enforcement explain differences in substantive fiduciary duties Martin Gelter and Genevieve Helleringer 17. The Weakening of Fiduciary Law Andrew F. Tuch Part VI Public Fiduciaries 18. Challenges to Public Fiduciary Theory: An Assessment Evan Fox-Decent 19. The Core of Fiduciary Political Theory Stephen R. Galoob and Ethan J. Leib 20. Institutional Competence in Fiduciary Government D. Theodore Rave Index

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Book SynopsisPatent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are ''fair, reasonable and non-discriminatory.'' Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences. This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability. Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science.Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. YiTrade Review'Patent Pledges Global Perspectives on Patent Law’s Private Ordering Frontier, is a must-read for anyone involved in technology development and standardization. The authors analyze the complexity of patent pledges in a clear and concise manner. Moreover, even though the book is addressed to practitioners in the field of IP licensing, litigation, technology development, and standardization, the way in which the content is addressed makes the book useful as well for scholars in various fields.' -- IPkat blogTable of ContentsContents: Introduction Part I: Landscape of Patent Pledges 1. A Patent Pledge Taxonomy Jorge L. Contreras 2. Unilateral Patent Pledges - Motivations and Key Principles Duane R. Valz 3. Patent Sharing in Biotechnology Dov Greenbaum 4. Patent Pledges In Green Technology Bassem Awad Part II: Litigation Involving Patent Pledges 5. Patent Pledge Enforcement Theories Jorge L. Contreras 6. Patent Pledges at the U.S. International Trade Commission Elizabeth I. Winston 7. Voluntary Patent Pledges: Enforcement in Germany Catharina Maracke and Axel Metzger Part III: Competition Law and Patent Pledges Around the World 8. Is Patent Reform via Private Ordering Anticompetitive? An Analysis of Open Patent Agreements Matthew W. Callahan and Jason M. Schultz 9. Enforcing Patent Pledges Under EU Law Rafal Sikorski 10. Patent Pledges and Antitrust Law in Brazil Ricardo Sichel 11. Patent Pledge Enforcement in China Elizabeth Xiao-Ru Wang 12. Patent Pledges: Korean Perspectives Sang-Seung Yi and Yoonhee Kim Part IV: Patent Pledges and Innovation 13. The Informational Effects Of Patent Pledges Clark D. Asay 14. Open Innovation And Patent Pledges Mariateresa Maggiolino and Maria Lillà Montagnani 15. The Role of Patent Pledges in the Cloud Liza Vertinsky 16. Patent Pledges and Developing Countries: The Tryst with India’s Destiny Tania Sebastian Part V: Patent Pledges Moving Forward 17. How to Make and Keep a Patent Pledge Timothy S. Simcoe 18. A Registry for Patent Pledges Jorge L. Contreras 19. Overcoming Information Asymmetry in Patent Pledge Records Nicole Shanahan 20. Best Practices for Making Patent Pledges Meredith Jacob Index

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Book SynopsisThis book will be of interest to all those concerned with the EU, whether from the perspective of political science, law or economics. Under the shadow of the financial crisis, studies with a broad research perspective and contributors from diverse backgrounds are important.'- Paul Craig, St John s College, Oxford'The European Union is re-emerging from the most serious economic crisis in its history. The agenda of the European Commission was highly influenced by the decisions to handle the debt, euro, banking and financial crises. The Union and its single currency have become much stronger. Economic law and governance in the Union are now rather different. By reading this book you will see where and how.'- Siim Kallas, Former Vice President of the European Commission 2004-2014How has the EU's economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective.The expert authors explore areas such as the EMU and the internal market, and emphasize the important fields of public procurement, taxation, and intellectual property rights. The investigation proceeds along themes such as harmonization, institutional interplay, non-economic values, and international actions. The authors conclude that, during the crisis, the attention of the Barroso Commission focused quite narrowly on the most urgent problems, failing to consider longer-term issues to spark off bold policy endeavours, and break inter-institutional blockages.This book is targeted at scholars, policy-makers and other practitioners, as well as students, interested in EU economic law, integration, and the economic crisis.Contributors: J. Faull, C. Geiger, F. Hoffmeister, M.S. Jansson, H. Kalimo, T. Lahti, I. Lejeune, M. Meulenbelt, K. Olkkonen, J. Salminen, A. Strub, J. Strupczewski, J. VaarioTrade Review‘This book will be of interest to all those concerned with the EU, whether from the perspective of political science, law or economics. Under the shadow of the financial crisis, studies with a broad research perspective and contributors from diverse backgrounds are important.’ -- Paul Craig, St John’s College, Oxford‘The European Union is re-emerging from the most serious economic crisis in its history. The agenda of the European Commission was highly influenced by the decisions to handle the debt, euro, banking and financial crises. The Union and its single currency have become much stronger. Economic law and governance in the Union are now rather different. By reading this book you will see where and how.’ -- Siim Kallas, Former Vice President of the European Commission 2004–2014‘Overall, the book offers additional insights to the existing bulk of literature on the crisis. Particular benefits accrue to the reader from the analysis dealing descriptively with the legislative progress made on specific areas of economic law, which typically receive less attention in the EMU literature, but which (like procurement and IP rights) deserve attention given their economic significance. The book adds another layer to the analytical approaches addressing the euro crisis.’ -- Common Market Law ReviewTable of ContentsContents: Foreword Paul Craig 1. Assessing Economic Law under Crisis: A Framework of Analysis H. Kalimo and M.S. Jansson PART I SETTING THE SCENE: THE EMU AND THE INTERNAL MARKET 2. How the Sovereign Debt Crisis Changed the Euro Zone J. Strupczewski 3. A Short History of the Deepening EMU T. Lahti 4. Some Thoughts on the Internal Market in a Time of Crisis J. Faull 5. The EMU and the Internal Market During the Economic Crisis: Building Bridges over Troubled Waters? J. Salminen PART II PUBLIC PROCUREMENT, TAXATION AND IPRs 6. Protectionism on the Rise? Modernization of EU Public Procurement Rules During the Economic Crisis M. Meulenbelt 7. The EU Public Procurement Regime on Third-country Bidders: Setting the Cursor Between Openness and Reciprocity F. Hoffmeister 8. EU Tax Policy during the Economic and Financial Crisis A. Strub 9. Can a Best-practice VAT Generate More Revenues Whilst Fighting the VAT-GAP by 2020? I. Lejeune 10. Moving out of the Economic Crisis: What Role and Shape for Intellectual Property Rights in the European Union? C. Geiger 11. EU Intellectual Property Rights Law: Driving Innovation or Stifling the Digital Single Market ? H. Kalimo, K. Olkkonen and J. Vaario PART III CONCLUSIONS 12. A Wasted Crisis? H. Kalimo and M.S. Jansson Index

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Book SynopsisThis magisterial research review presents and analyses the leading academic articles on agency law and partnership law, both classic and contemporary. The review begins by focusing on topics such as the fundamental concepts of agency law, the fiduciary duties of agents, indemnification, vicarious liability and notice. It moves on to discussion of several important issues relating to partnership law, such as statutory development and reform, the entity-aggregate debate and single-person partnership. This study provides a comprehensive overview of the most significant matters in the fields of agency and partnership law and will serve as a valuable tool for scholars and practitioners alike.Trade Review‘Mark Loewenstein and Robert Hillman, who are themselves highly knowledgeable and widely respected scholars of agency and partnership law, have done a great service by assembling a collection of leading articles by giants of the field. Many of these articles were game changers, shifting the law in important ways. All of them reward close reading by anyone seeking to build their knowledge of this important area of the law.’Table of ContentsContents: Acknowledgements Introduction Mark J. Loewenstein and Robert W. Hillman AGENCY PART I FUNDAMENTAL CONCEPTS 1. O. W. Holmes, Jr. (1891), ‘Agency’, Harvard Law Review, IV (8), March, 345–64 2. Oliver Wendell Holmes, Jr. (1891), ‘Agency II’, Harvard Law Review, V (1), April, 1–23 3. John H. Wigmore (1894), ‘Responsibility for Tortious Acts: Its History’, Harvard Law Review, VII (6), January, 315–37 4. John H. Wigmore (1894), ‘Responsibility for Tortious Acts: Its History – II: Harm Done by Servants and other Agents: 1300–1850’, Harvard Law Review, VII (7), February, 383–405 PART II THE AGENCY RELATIONSHIP IN IMPORTANT CONTEXTS 5. J. Dennis Hynes (1991), ‘Lender Liability: The Dilemma of the Controlling Creditor’, Tennessee Law Review, 58, Summer, 635–68 6. Lyman P. Q. Johnson and David Millon (2005), ‘Recalling Why Corporate Officers Are Fiduciaries’, William and Mary Law Review, 46 (5), 1597–653 7. Grace M. Giesel (2007), ‘Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship’, Nebraska Law Review, 86 (2), 346–95 8. Donald C. Langevoort (2003), ‘Agency Law Inside the Corporation: Problems of Candor and Knowledge’, University of Cincinnati Law Review, 71 (4), Summer, 1187–231 9. Jill E. Fisch and Hillary A. Sale (2003), ‘The Securities Analyst as Agent: Rethinking the Regulation of Analysts’, Iowa Law Review, 88, 1035–98 10. Anthony J. Bellia Jr. (2001), ‘Contracting with Electronic Agents’, Emory Law Journal, 50, 1047–92 PART III THE AGENT’S FIDUCIARY DUTIES 11. Austin W. Scott (1949), ‘The Fiduciary Principle’, California Law Review, 37 (4), December, 539–55 12. Robert Cooter and Bradley J. Freedman (1991), ‘The Fiduciary Relationship: Its Economic Character and Legal Consequences’, New York University Law Review, 66, October, 1045–75 13. Deborah A. DeMott (1988), ‘Beyond Metaphor: An Analysis of Fiduciary Obligation’, Duke Law Journal, 1988, 879–924 14. Tamar Frankel (1983), ‘Fiduciary Law’, California Law Review, 71 (3), May, 795–836 15. Deborah A. DeMott (2014), ‘The Fiduciary Character of Agency and the Interpretation of Instructions’, in Andrew S. Gold and Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law, Part IV, Chapter 16, New York, NY, USA: Oxford University Press, 321–38 PART IV INDEMNIFICATION 16. Roscoe Steffen (1958), ‘The Employer’s “Indemnity” Action’, University of Chicago Law Review, 25 (3), Spring, 465–94 17. Glanville Williams (1957), ‘Vicarious Liability and the Master’s Indemnity’, Modern Law Review, 20 (3), May, 220–35 18. Glanville Williams (1957), ‘Vicarious Liability and the Master’s Indemnity, Continued’, Modern Law Review, 20 (5), September, 437–46 PART V VICARIOUS LIABILITY 19. Gary T. Schwartz (1996), ‘The Hidden and Fundamental Issue of Employer Vicarious Liability’, Southern California Law Review, 69, 1739–67 20. Alan O. Sykes (1988), ‘The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines’, Harvard Law Review, 101 (3), January, 563–609 21. B. Glenn George (1999), ‘Employer Liability for Sexual Harassment: The Buck Stops Where?’, Wake Forest Law Review, 34 (1), 1–25 PART VI UNDISCLOSED PRINCIPAL DOCTRINE 22. Floyd R. Mechem (1910), ‘The Liability of an Undisclosed Principal I’, Harvard Law Review, 23 (7), May, 513–30 23. Floyd R. Mechem (1910), ‘The Liability of an Undisclosed Principal II’, Harvard Law Review, 23 (8), June, 590–602 24. James Barr Ames (1909), ‘Undisclosed Principal – His Rights and Liabilities’, Yale Law Journal, XVIII (7), May, 443–53 25. Mark A. Sargent and Arnold Rochvarg (1982), ‘A Reexamination of the Agency Doctrine of Election’, University of Miami Law Review, 36 (3), 411–37 26. Randy E. Barnett (1987), ‘Squaring Undisclosed Agency Law with Contract Theory’, California Law Review, 75 (6), December, 1969–2003 PART VII NOTICE, KNOWLEDGE AND IMPUTATION 27. Warren A. Seavey (1916), ‘Notice through an Agent’, University of Pennsylvania Law Review and American Law Register, 65 (1), November, 1–38 28. Maurice H. Merrill (1936), ‘Unforgettable Knowledge: A Study in the Law of Notice’, Michigan Law Review, 34 (4), February, 474–93 29. Mark J. Loewenstein (2013), ‘Imputation, the Adverse Interest Exception, and the Curious Case of the Restatement (Third) of Agency’, University of Colorado Law Review, 84 (2), 305–66 Volume II Contents: Introduction An introduction to all three volumes by the editors appears in Volume I AGENCY PART VIII AGENCY COST THEORY 1. Samuel Issacharoff and Daniel R. Ortiz (1999), ‘Governing through Intermediaries’, Virginia Law Review, Symposium: The Law and Economics of Elections, 85 (8), November, 1627–70 2. Douglas G. Baird (1991), ‘Fraudulent Conveyances, Agency Costs, and Leveraged Buyouts’, Journal of Legal Studies, XX (1), January, 1–24 PART IX AN AGENT’S AUTHORITY 3. Gregory Scott Crespi (2005), ‘The Proposed Abolition of Inherent Agency Authority by the Restatement (Third) of Agency: An Incomplete Solution’, Santa Clara Law Review, 45 (2), 337–82 4. Deborah A. DeMott (2014), ‘The Contours and Composition of Agency Doctrine: Perspectives from History and Theory on Inherent Agency Power’, University of Illinois Law Review, 2014 (5), 1813–33 PART X ECONOMIC ANALYSIS 5. Eric Rasmusen (2004), ‘Agency Law and Contract Formation’, American Law and Economics Review, 6 (2), Fall, 369–409 6. Lewis A. Kornhauser (1982), ‘An Economic Analysis of the Choice Between Enterprise and Personal Liability for Accidents’, California Law Review, 70 (6), December, 1345–92 PART XI INDEPENDENT CONTRACTORS 7. Benjamin Means and Joseph A. Seiner (2016), ‘Navigating the Uber Economy’, University of California, Davis Law Review, 49 (4), April, 1511– 46 8. Roscoe T. Steffen (1935), ‘Independent Contractor and the Good Life’, University of Chicago Law Review, 2 (4), June, 501–32 PARTNERSHIP PART I STATUTORY DEVELOPMENT AND REFORM: THE UNIFORM PARTNERSHIP ACTS (UPA AND RUPA) 9. William Draper Lewis (1915), ‘The Uniform Partnership Act’, Yale Law Journal, XXIV (8), June, 617–41 10. Judson A. Crane (1915), ‘The Uniform Partnership Act: A Criticism’, Harvard Law Review, 28 (8), June, 762–89 11. William Draper Lewis (1915), ‘The Uniform Partnership Act – A Reply to Mr. Crane’s Criticism’, Harvard Law Review, 29 (2), December, 158–92 12. Donald J. Weidner and John W. Larson (1993), ‘The Revised Uniform Partnership Act: The Reporters’ Overview’, Business Lawyer, 49 (1), November, 1–44 13. Larry E. Ribstein (1993), ‘The Revised Uniform Partnership Act: Not Ready for Prime Time’, Business Lawyer, 49 (1), November, 45–82 PART II THE ENTITY-AGGREGATE DEBATE 14. Gary S. Rosin (1989), ‘The Entity-Aggregate Dispute: Conceptualism and Functionalism in Partnership Law’, Arkansas Law Review, 42, 395–466 PART III SINGLE PERSON PARTNERSHIP 15. Robert W. Hillman and Donald J. Weidner (2012), ‘Partners without Partners: The Legal Status of Single Person Partnerships’, Fordham Journal of Corporate and Financial Law, XVII (2), 449–73 PART IV RELATIONSHIPS AMONG PARTNERS: CONTRACTS AND FIDUCIARY STATUS 16. Allan W. Vestal (1993), ‘Fundamental Contractarian Error in the Revised Uniform Partnership Act of 1992’, Boston University Law Review, 73 (4), September, 523–79 17. J. Dennis Hynes (1997), ‘Freedom of Contract, Fiduciary Duties, and Partnerships: The Bargain Principle and the Law of Agency’, Washington and Lee Law Review, 54 (2), 439–64 18. Robert W. Hillman (1987), ‘Private Ordering Within Partnerships’, University of Miami Law Review, 41 (3), January, 425–71 19. Larry E. Ribstein (2005), ‘Are Partners Fiduciaries?’, University of Illinois Law Review, 2005 (1), 209–51 20. Claire Moore Dickerson (1993), ‘Is it Appropriate to Appropriate Corporate Concepts: Fiduciary Duties and the Revised Uniform Partnership Act’, University of Colorado Law Review, 64, 111–57 21. Paul Gompers and Josh Lerner (1996), ‘The Use of Covenants: An Empirical Analysis of Venture Partnership Agreements’, Journal of Law and Economics, XXXIX (2), October, 463–98 22. Rutheford B. Campbell, Jr. (2007–2008), ‘Bumping Along the Bottom: Abandoned Principles and Failed Fiduciary Standards in Uniform Partnership and LLC Statutes’, Kentucky Law Journal, 96 (2), 163–95 23. J. William Callison (1997), ‘Blind Men and Elephants: Fiduciary Duties under the Revised Uniform Partnership Act, Uniform Limited Liability Company Act, and Beyond’, Journal of Small and Emerging Business Law, 1 (1), Spring, 109–64 24. Myron T. Steele (2007), ‘Judicial Scrutiny of Fiduciary Duties in Delaware Limited Partnerships and Limited Liability Companies’, Delaware Journal of Corporate Law, 32 (1), 1–32 Volume III Contents: Acknowledgements Introduction An introduction to all three volumes by the editors appears in Volume I PARTNERSHIP PART V PARTNERSHIP PROPERTY 1. Edward S. Merrill (1993), ‘Partnership Property and Partnership Authority Under the Revised Uniform Partnership Act’, Business Lawyer, 49 (1), November, 83–105 PART VI LIMITED LIABILITY 2. Alan L. Feld (1969), ‘The “Control” Test for Limited Partnerships’, Harvard Law Review, 82 (7), May, 1471–84 3. Larry E. Ribstein (1992), ‘The Deregulation of Limited Liability and the Death of Partnership’, Washington University Law Quarterly: Symposium on Corporate Law and Finance, 70 (2), January, 417–75 4. Robert W. Hillman (1992), ‘Limited Liability and Externalization of Risk: A Comment on the Death of Partnership’, Washington University Law Quarterly: Symposium on Corporate Law and Finance, 70 (2), January, 477–87 5. Robert R. Keatinge, Allan G. Donn, George W. Coleman and Elizabeth G. Hester (1995), ‘Limited Liability Partnerships: The Next Step in the Evolution of the Unincorporated Business Organization’, Business Lawyer, 51 (1), November, 147–207 6. Robert W. Hamilton (1995), ‘Registered Limited Liability Partnerships: Present at the Birth (Nearly)’, University of Colorado Law Review, 66, 1065–103 PART VII DISSOLUTION AND BANKRUPTCY 7. Alan R. Bromberg (1965), ‘Partnership Dissolution – Causes, Consequences, and Cures’, Texas Law Review, 43, 631–68 8. Christine Hurt (2015), ‘The Limited Liability Partnership in Bankruptcy’, American Bankruptcy Law Journal, 89 (4), Fall, 567–606 PART VIII THE CHANGING NATURE OF PARTNERSHIP 9. Robert W. Hillman (2005), ‘Law, Culture, and the Lore of Partnership: Of Entrepreneurs, Accountability, and the Evolving Status of Partners’, Wake Forest Law Review, 40 (3), Fall, 793–825 PART IX PARTNERSHIP LAW AND THE PROFESSIONAL SERVICES FIRM 10. Serena L. Kafker (1993), ‘Golden Handcuffs: Enforceability of Non-Competition Clauses in Professional Partnership Agreements of Accountants, Physicians, and Attorneys’, American Business Law Journal, 31 (1), May, 31–58 11. Ronald J. Gilson and Robert H. Mnookin (1985), ‘Sharing Among the Human Capitalists: An Economic Inquiry into the Corporate Law Firm and How Partners Split Profits’, Stanford Law Review: Symposium on the Law Firm as a Social Institution, 37 (2), January, 313–92 12. Robert W. Hillman (1988), ‘Law Firms and Their Partners: The Law and Ethics of Grabbing and Leaving’, Texas Law Review, 67 (1), November, 1–61 13. Jennifer J. Johnson (1995), ‘Limited Liability for Lawyers: General Partners Need Not Apply’, Business Lawyer, 51 (1), November, 85–145 14. Susan Saab Fortney (1998), ‘Professional Responsibility and Liability Issues Related to Limited Liability Law Partnerships’, South Texas Law Review, 39 (2), 399–444 15. Douglas R. Richmond (2010), ‘The Partnership Paradigm and Law Firm Non-equity Partners’, Kansas Law Review, 58 (3), 507–51 Index

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Book SynopsisThis discerning book examines good governance developments in the US and the UK, with a focus on anti-bribery efforts, recognising that with each new major case of corporate malfeasance the parameters of directors’ duties change and expand. Taking this expansion of roles and expectations into account, and acknowledging the respective increase in exposure to civil, criminal and reputational liabilities, Patrick J. O’Malley compares the fundamental national compliance experiences of the US and UK.Investigating anti-bribery, corporate and securities law and guidance, this engaging book explores the systemic expectations that directors, executive officers and compliance personnel in public and private companies are subject to, as well as key accountability mechanisms and enforcement actions. Analysing the effectiveness of current law and best practice recommendations, the author’s key finding is that directors need to add value to the business while also upholding higher societal, and ethical, values if they wish to meet today’s ever evolving standards of corporate stewardship.Highlighting the role of directors and boards as corporate monitors, this thought-provoking book will be a key resource for international lawyers and practitioners working in corporate law and business law, in-house corporate counsel, corporate decision makers within the US, UK and globally, as well as for international investors.Trade Review’Patrick O'Malley's monograph represents a successful effort from the multidisciplinary corporate, criminal and administrative common-law viewpoints, to update and explore the relationships among old and new ways of corruption within the context of the managerial duties of directors and public officers, laying the foundations of a new stage in the theory of social responsibility and stewardship. Pleasant and essential reading for managers and lawyers, even under civil-law jurisdiction contexts.’ -- - Javier Ibáñez Jiménez, Comillas Pontifical University and Co-Founder of Alastria, Spain’This impressive new text deploys both legal and management insights when reviewing the problem of how best to prevent bribery and corruption in business. This monograph, which covers both US and UK perspectives in expert fashion, will appeal to a wide constituency. It is researched to great depth, covers many areas of mainstream Corporate Law in considerable detail and is written in a lucid manner. It is therefore highly commended and is essential reading for those working in the field. Policymakers and scholars will learn much from these insights. -- - David Milman, Lancaster University, UKTable of ContentsContents: Preface 1. Introduction: Framing the legal and ethical management problem of rooting out bribery in global business operations, and how the US and UK systems have focused on the role of company directors and officers in doing so 2. Corruption law basics: Applicable US and UK anti-bribery laws – general purview and the demands made on directors and officers as primary top-level corporate decision-makers 3. ‘All ye faithful stewards’: US and UK director/board and officer duties of care, loyalty, good faith, supervision, monitoring, prevention and similar, as regards bribery and corruption compliance under company, securities and other areas of the law 4. ‘Where the rubber meets the road’, and ‘At the coalface’: Private liability and tools of accountability for D&O failures to properly monitor, prevent or remedy corrupt practices in their business enterprises 5. ‘Towards high noon for accountability’: Conclusions, reflections and suggestions Index

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Book SynopsisNo single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this EE Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn't), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari ah places on use of security devices, and reasons for Russia's meandering path to modernization.'- Peter Winship, SMU Dedman School of Law, USThis cutting-edge Handbook presents an overview of research and thinking in the field of secured financing, examining international standards and best practices of secured transactions law reform and its economic impact. Expert contributors explore the breadth and depth of the subject matter across diverse sectors, and illustrate the choices and trade-offs that policy makers face via a number of illuminating case studies.The book explores groundbreaking research across a comprehensive range of sectors and countries, including new, original analysis of Shari'ah compliant collateral regimes and improved access to finance for women. A diverse group of experts offer cutting-edge points of view as well as case studies from England and Wales, Morocco, Russia and Romania.The result is a unique and wide-ranging examination of secured transactions reform across the world and a valuable resource for researchers, government and development agencies, banks, and law firms.Contributors: J. Armour, S. Bazinas, N. Budd, A. Burtoiu, R. Calnan, F. Dahan, M. Dubovec, L. Gullifer, I. Istuk, T. Johnson, O. Lemseffer, C. de Lima Ramos, J. Lymar, C. Manuel, M.J.T. McMillen, A.P. Menezes, M. Mourahib, E. Murray, N. Nikitina, V. Padurari, J.-H. Röver, M. Uttamchandani, K. van Zwieten, P.R. WoodTrade Review‘No single-volume publication brings together as many diverse and stimulating perspectives on secured financing law as does this Research Handbook. Its great strengths are asking hard questions and recognizing how difficult reform is. Contributors report on what works (and what doesn’t), drawing on evidence from legal systems less often studied in this context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who would not be intrigued by analysis of such issues as access of women to secured financing, constraints Shari’ah places on use of security devices, and reasons for Russia’s meandering path to modernization.’ -- Peter Winship, Southern Methodist University, Dedman School of Law, USTable of ContentsContents: Foreword Philip R. Wood PART I SECURED TRANSACTIONS LAW, ECONOMIC IMPACT AND REFORM 1. How do Creditor Rights Matter for Debt Finance? A Review of Empirical Evidence John Armour, Antonia Menezes, Mahesh Uttamchandani And Kristin Van Zwieten 2. The Influence of the UNCITRAL Legislative Guide On Secured Transactions Spyridon V. Bazinas 3. A Single Framework Governing Secured Transactions? Comparative Reflections Frederique Dahan 4. Implementing Shari’ah-Compliant Collateral Security Regimes: Select Issues Michael J.T. Mcmillen 5. Levelling the Legal Playing Field: What the Law Can and Can’t do to Improve Women’s Access to Secured Finance Clare Manuel PART II SECURED FINANCING: MANY FACETS AND CONTEXTS 6. Untying the Gordian Knot: Farmers, Banks, Insurers, Warehouse Receipts, Commodity Exchanges, Collateral Managers and Access to Credit Nicholas Budd 7. Sowing the Good Seeds: The Brazilian Experience of Agriculture Financing Christian de Lima Ramos 8. The Potential of Factoring for Improving SME Access to Finance Ivor Istuk 9. Security in Project Finance and PPP and the Implications for Secured Transactions Law: “Security is a Shield, Not a Sword” Jan-Hendrik Röver 10. Keeping it Real: SME Financing, Secured Transactions and Risk Appetite Tom Johnson 11. Financial Collateral Arrangements and the Financial Markets Edward Murray 12. Fundamentals of Taking Security Interests in Bank Accounts Marek Dubovec PART III TRENDS AND PERSPECTIVES FOR REFORM 13. Secured Transactions Law Reform in Russia: A Tortuous but Ultimately Successful Journey Natalia Nikitina and Julia Lymar 14. Reforming an Established Secured Transactions Legal System: Why and How Morocco is Approaching the Challenge Mustapha Mourahib, Bertrand Fournier-Montgieux and Ouns Lemseffer 15. Taking Stock of Romanian Secured Transactions After 15 Years of Reform: A Mapping of Past, Present and Future Milestones Victor Pădurari and Andreea Simona Burtoiu 16. Piecemeal Reform: Is it The Answer? Louise Gullifer 17. What Makes a Good Law of Security? Richard Calnan Index

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Book SynopsisThis timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area.Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.Trade Review‘Research Handbook on Corporate Restructuring is a “must-have” for college and university collections as well as the reading lists of professionals in the field. Highly recommended.’ -- James A Cox, Midwest Book Review'This Research Handbook, ably edited by Paul Omar and Jennifer Gant, contains 28 chapters written by prominent academics, researchers and judges from a wide range of jurisdictions. It provides a range of timely perspectives against which to assess current and proposed corporate rescue laws. Specialist commentators draw on the law as well as other disciplines; analyse international and comparative elements, and address an impressive range of stakeholders, entities and institutions. This is a welcome resource on corporate restructuring for policy-makers, scholars and practitioners alike.' -- Rosalind Mason, Queensland University of Technology, Australia'This is a thought provoking Handbook which makes a valuable and significant contribution to insolvency and restructuring scholarship. The editors have brought together leading commentators from across the globe and together they have produced an invaluable resource for insolvency research and policy development. The Handbook includes a broad repository of international insolvency procedures and thinking published at a time when restructuring measures will be stress tested like never before. For those navigating the choppy waters of insolvency this book makes an invaluable companion.' -- John Tribe, University of Liverpool, UKTable of ContentsContents: Preface xii 1 Corporate rescue through the ages 1 Paul J. Omar PART I NATIONAL AND INTERNATIONAL MODELS FOR RESCUE 2 International organisations and the search for global insolvency standards 17 Gerard McCormack 3 The evolution of corporate rescue in Canada and the United States 40 Jassmine Girgis 4 The idea of rescue and the Chapter 11 model 59 Edward Janger 5 Trust as a turnaround technique to influence the continuity versus asset recovery decision of restructuring bankers: An empirical tale 73 J A A Adriaanse and J I van der Rest 6 Reforms in adverse economic climates: how reforms take place in the Eurozone 87 Catarina Serra, Alexandra Kastrinou and Giulia Vallar PART II STAKEHOLDERS IN INSOLVENCY 7 Involving secured creditors in restructuring proceedings 120 Francisco Garcimartín and Nuria Bermejo 8 Potential liability for directors during corporate restructuring: comparative perspectives 143 Jason Harris and Anil Hargovan 9 Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers 166 Jennifer L. L. Gant 10 The position of shareholders in a restructuring 185 Stephan Madaus 11 Consumers, entrepreneurs and insolvency proceedings 201 Tuula Linna PART III CORPORATE STRUCTURES AND ORGANISATIONAL MODELS 12 Corporate groups 214 Jessica Schmidt 13 Bank insolvency – recovery and resolution 228 Andrew Campbell and Paula Moffatt 14 Making insolvency law responsive to the needs of financially distressed micro and small enterprises 246 Janis Sarra 15 Franchisees as externalities of insolvent franchisors: a windfall gain for employees? 261 Jenny Buchan 16 Insolvent partnerships: development of a normative framework based on a contractual paradigm 278 Rebecca Parry PART IV SPECIALIST PROCESS ISSUES 17 Insurance procedures in corporate insolvency: a comparison of the arrangements in the United Kingdom, Australia, and New Zealand 299 Robin Bowley 18 Pension rights and funds 327 David Pollard 19 Patent-rich firms and corporate restructuring: patent signalling, valuation, and governance 346 Janice Denoncourt 20 The impact of artificial intelligence on insolvency law and practice 377 Christoph Henkel PART V INSTITUTIONAL SUPPORT 21 The realm of soft law instruments in restructuring and insolvency law 401 Gert-Jan Boon and Bob Wessels 22 Cross-border corporate restructurings, judicial assistance and judge-made law: New Zealand and Cayman Island experiences 430 Hon Paul Heath QC and Hon Justice Ian Kawaley 23 Corporate insolvency practitioners: ethics and fiduciary duties 447 Lézelle Jacobs PART VI INTERDISCIPLINARY AND CROSS-FIELDS OF INSOLVENCY AND RESTRUCTURING 24 Overlooked human rights concerns in the restructuring and insolvency context 466 Chrystin Ondersma 25 The role of social policy in corporate rescue and restructuring: a messy business 476 Jennifer L L Gant 26 Law and economics of corporate financial difficulty 500 Jonathan Hardman 27 A behavioural law and economics perspective on EU restructuring and insolvency law 513 Annika Wolf 28 The analytical boundary between corporate reorganisation and sale in corporate bankruptcy theory 525 Sarah Paterson Index

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Book SynopsisThis review discusses the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, it also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The review includes a wide range of authors and outlooks ranging from Frederic Maitland to recent material on fiduciary obligations and discretionary trusts, highlighting the universality of Equity as a body of law, and the nature of the Trust as a fundamental juristic institution. This literary piece promises to be a useful tool for academics captivated by this subject area. Table of ContentsContents: Introduction Lionel Smith and Alexandra Popovici PART I EQUITY 1. Frederic William Maitland ([1909] 1929), ‘Lectures I and II: The Origins of Equity’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 1–11, 12–22 2. Paul D. Finn (1989), ‘The Fiduciary Principle’, in T. G. Youdan (ed.), Equity, Fiduciaries and Trusts, Chapter 1, Carswell, Toronto, Canada: Law Book Company, 1–56 3. Bernard Rudden (1992), ‘Equity as Alibi’, in Stephen Goldstein (ed.), Equity and Contemporary Legal Developments, Jerusalem, Israel: Hebrew University of Jerusalem, 30–45 4. Sarah Worthington (1999), ‘Fiduciaries: When is Self-Denial Obligatory?’, Cambridge Law Journal, 58 (3), November, 500–08 [9] 5. Steven B. Elliott and Charles Mitchell (2004), ‘Remedies for Dishonest Assistance’, Modern Law Review, 67 (1), January, 16–47 6. Joshua Getzler (2006), ‘Rumford Market and the Genesis of Fiduciary Obligations’, in Andrew Burrows and Lord Rodger of Earlsferry (eds), Mapping the Law: Essays in Memory of Peter Birks, Chapter 31, Oxford, UK and New York, NY, USA: Oxford University Press, 577–98 7. Maurizio Lupoi (2009), ‘”Trust and Confidence”’, Law Quarterly Review, 125, April, 253–87 8. Charles Mitchell (2013), ‘Equitable Compensation for Breach of Fiduciary Duty’, Current Legal Problems, 66 (1), January, 307–39 9. Andrew Kull (2014), ‘Ponzi, Property, and Luck’, Iowa Law Review, 100 (3), March, 291–322 10. Paul B. Miller (2014), ‘The Fiduciary Relationship’, in Andrew S. Gold and Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 63–90 11. Irit Samet (2016), ‘Fiduciary Law as Equity’s Child’, in Paul B. Miller and Andrew S. Gold (eds), Contract, Status, and Fiduciary Law, Chapter 6, Oxford, UK and New York, NY, USA: Oxford University Press, 139–66 12. Remus Valsan (2016), ‘Fiduciary Duties, Conflict of Interest, and Proper Exercise of Judgment’, McGill Law Journal, 62 (1), September, 1–40 13. Henry E. Smith (2017), ‘Fusing the Equitable Function in Private Law’, in Kit Barker, Karen Fairweather and Ross Grantham (eds), Private Law in the 21st Century, Chapter 9, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 173–95 PART II TRUSTS 14. Frederic William Maitland ([1909] 1929), ‘Lecture III: Uses and Trusts’, in A.H. Chaytor and W.J. Whittaker (eds), Equity – Also The Forms of Action at Common Law: Two Courses of Lectures, Cambridge, UK: Cambridge University Press, 23–42 15. Joseph R. Long (1922), ‘The Definition of a Trust’, Virginia Law Review, 8 (6), April, 426–33 16. D.W.M. Waters (1967), ‘The Nature of the Trusts Beneficiary’s Interest’, Canadian Bar Review, 45 (2), March, 219–83 17. Roger Cotterrell (1987), ‘Power, Property and the Law of Trusts: A Partial Agenda for Critical Legal Scholarship’, Journal of Law and Society, 14 (1), Spring, 77–90 18. David Hayton (1996), ‘The Irreducible Core Content of Trusteeship’, in A. J. Oakley (ed.), Trends in Contemporary Trust Law, Chapter 3, Oxford, UK and New York, NY, USA: Oxford University Press, 47–62 19. George L. Gretton (2000), ‘Trusts Without Equity’, International and Comparative Law Quarterly, 49 (3), July, 599–620 20. Robert Chambers (2002), ‘Liability’, in Peter Birks and Arianna Pretto (eds), Breach of Trust, Chapter 1, Oxford, UK, Portland, Oregon, USA: Hart Publishing, 1–40 21. Paul Matthews (2002), ‘From Obligation to Property, and Back Again? The Future of Non-Charitable Purpose Trust ’, in David Hayton (ed.), Extending the Boundaries of Trusts and Similar Ring-Fenced Funds, The Hague, the Netherlands: Kluwer Law International, 203–41 22. Tony Honoré (2003), ‘Trusts: The Inessentials’, in Joshua Getzler (ed.), Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn, Chapter 1, London, UK: LexisNexis Butterworths, 7–20 23. John H. Langbein (2004), ‘Mandatory Rules in the Law of Trusts’, Northwestern University Law Review, 98 (3), March, 1105–27 24. Paul Matthews (2006), ‘The Comparative Importance of the Rule in Saunders v. Vautier’, Law Quarterly Review, 122, April, 266–94 25. Lionel D. Smith (2008), ‘Trust and Patrimony’, Revue Générale de Droit, 38 (2), November, 379–403 26. Ben McFarlane and Robert Stevens (2010), ‘The Nature of Equitable Property’, Journal of Equity, 4, March, 1–28 27. Lusina Ho (2013), ‘Trusts: The Essentials’, in Lionel Smith (ed.), The Worlds of the Trust, Chapter 2, Cambridge, UK: Cambridge University Press, 1–20 28. J.E. Penner (2014), ‘Distinguishing Fiduciary, Trust, and Accounting Relationships’, Journal of Equity, 8, 202–34 29. Alexandra Popovici (2015), ‘Trusting Patrimonies’, in Remus Valsan (ed.), Trusts and Patrimonies, Chapter 9, Edinburgh, UK: Edinburgh University Press, 199–220 30. Robert Chambers (2016), ‘The End of Knowing Receipt’, Canadian Journal of Comparative and Contemporary Law, 2 (1), March, 1–32 31. Ying Khai Liew (2016), ‘Reanalysing Institutional and Remedial Constructive Trusts’, Cambridge Law Journal, 75 (3), November, 528–49 32. Alexandra Braun (2017), ‘The State of the Art of Comparative Research in the Area of Trusts’, in Michele Graziadei and Lionel Smith (eds), Comparative Property Law: Global Perspectives, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 121–49 33. John Mee (2017), ‘The Past, Present, and Future of Resulting Trusts’, Current Legal Problems, 70 (1), December, 189–225 34. Lionel Smith (2017), ‘Massively Discretionary Trusts’, Current Legal Problems, 70 (1), December, 17–54 Index

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Book SynopsisThe financial crisis, which spanned 2007 and 2008, may have occurred ten years ago but the resulting regulatory implications are yet to be implemented. This book isolates the occurrences of the derivatives market, which were implied as the core accelerator and enabler of the global financial crisis.Offering a holistic approach to post-crisis derivatives regulation, this book provides insight into how new regulation has dealt with the risk that OTC derivatives pose to financial stability. It discusses the effects that post-crisis regulation has had on central counterparties and the risk associated with clearing of OTC derivatives. Alexandra G. Balmer offers a novel solution to tackle the potential negative externalities from the failure of a central counterparty and identifies potential new risks arising from post-crisis reforms.Comprehensive and astute, this book will provide legal and financial scholars, academics and lawyers with much food for thought. National supervisors and regulators will also benefit from an understanding of general market risks and factors affecting exposure to such risks.Trade Review'This book provides an in depth analysis of how banks failed to manage risks in the derivatives markets, but it also crucially points out how regulatory reforms can also contribute to the conditions that lead to financial market failure.' --Kern Alexander, University of Cambridge Centre for Risk Studies, UK and University of Zurich, SwitzerlandTable of ContentsContents: Foreword 1. Introduction 2. Derivatives 3. Clearing 4. Pre-Crisis Regulation of Derivatives and Clearing 5. Current Regulation and Implementation 6. Reforming the Reform 7. Regulatory Analysis 8. Summary of Findings and Outlook Bibliography Index

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Book SynopsisThis comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitution will prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include: E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Häcker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. WuTrade Review‘This is a superb volume which deserves a permanent place on the bookshelf alongside the existing unjust enrichment and restitution classics. This is sure to become a go-to source for many studying, teaching and researching these topics.’ -- William Day, Cambridge Law Journal‘In the Handbook we have a major addition to the literature on unjust enrichment and restitution. Impressive in the reach of its coverage and the quality of the contributions, it enriches and inspires, and all scholars of unjust enrichment and restitution must give thanks to the editors for having done a splendid job.’ -- Daniel Visser, South African Law Journal‘So many chapters spanning so much content result in a volume to which every anglophone private and commercial lawyer with more than a passing interest in the field will require access, hot on the heels of their leading practitioner-level texts on unjust enrichment and commercial remedies. The best thing about the book is that it provides quite a full one-stop-shop for head-on engagement with many persistent debates about a core private law concept.’ -- Mat Campbell, Edinburgh Law Review‘I was delighted to receive a copy of the Research Handbook edited by Elise, Kit and Simone, and I very much enjoyed dipping into various parts and chapters of it before today. It is an excellent and welcome contribution, capturing the benefits of a coherent and well laid-out structure of textbook on unjust enrichment, while also providing in-depth analysis on particular topics which a textbook rarely has space or time to devote to.The area I particularly focused on was the Part relating to defences, toward the back of the book. They are, as Graham Virgo points out in his chapter, the Cinderella of Unjust Enrichment – often not the focus of interest by academics, more interested in the interstices of the cause of action. But defences are both vitally interesting and important areas for research and discussion.The book contains three very thought-provoking and interesting contributions by Graham Virgo, Ross Grantham, and Thomas Krebs.’ -- Michael Rush QC, Queens Counsel at the Victorian Bar'This impressive collection of chapters by leading private law scholars offers an ideal guide to the basic doctrine of this important branch of the law, to its history and to various controversies concerning its analytical structure and philosophical foundations. A consistently excellent and accessible treatment of this subject with all of its challenges and complexities on full display. It is unquestionably a major contribution to the literature of unjust enrichment and restitution.' --John D. McCamus, York University, Canada'This book is exactly what a Research Handbook should be. It addresses an area of private law that continues to grow in importance worldwide. Many of the top scholars in the field are represented. The book also spans a variety of modern approaches to private law, including legal philosophy, economics and comparative law.' --Emily Sherwin, Cornell Law School, USTable of ContentsTable of Contents 1. The Evolution of Unjust Enrichment Law. Theory and Practice. Elise Bant, Kit Barker and Simone Degeling Part I History and Comparative Insights 2. Development at Common Law David Ibbetson 3. Unjust Enrichment: A Comparative Perspective and a Critique James Gordley Part II: Taxonomy 4. Restitution and Unjust Enrichment Andrew Kull 5. Restitution for Wrongs Craig Rotherham 6. Unjust Enrichment and Contract Hang Wu Tang 7. Unjust Enrichment and Equity Lusina Ho 8. Comparative/Civilian perspectives Helen Scott Part III: Philosophical Foundations 9. The Corrective Justice of Liability for Unjust Enrichment Ernest J Weinrib 10. Unjust Enrichment and the Forms of Justice Dennis Klimchuk 11. A Law and Economics Perspective on Restitution Chris Wonnell 12. Autonomy, Relational Justice and the Law of Restitution Hanoch Dagan Part IV: Analytical Structure 13. Enrichment Mitchell McInnes 14. At the Claimant’s Expense Stephen Watterson 15. Unjust Factors versus Absence of Juristic Reason (Causa) Birke Häcker 16. Impaired Intention Unjust Factors? Mindy Chen-Wishart and Rory Gregson 17. Conditional Intention as an Unjust Factor Andrew Burrows 18. No Intention to Benefit Michael Bryan 19. Other Reasons for Restitution Charles Mitchell Part V: Defences 20. A Taxonomy of Defences in Restitution Graham Virgo 21. Change of Position-Based Defences Ross GranthamT.H. Wu 22. Disenrichment in German Law Thomas Krebs Part VI: Restitutionary Remedies 23. Restitution, Compensation and Disgorgement Katy Barnett 24. Proprietary Restitution Timothy Liau and Rachel Leow Index

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Book SynopsisImportant new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption. Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights.Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals.Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials.Contributors include: B.S. Claeson, E. Conlon, C. Emberson, P. Göthberg, O. Martin-Ortega, A. Marx, C. Methven O'Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A. Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander Meulen, S. Williams-ElegbeTrade Review'Olga Martin-Ortega and Claire Methven O’Brien have edited an important book that centres the human rights questions arising from public procurement processes. The 14 chapters in Martin-Ortega and O’Brien’s edited book fill an important gap by undertaking an incisive and insightful analysis of the human rights implications of public procurement processes from a cross-disciplinary perspective.' -- Olabisi D Akinkugbe, Business and Human Rights Journal‘Olga Martin-Ortega and Claire Methven O’Brien have collected the most sophisticated legal analyses of the different issues faced when considering human rights in buying procedures as they arise in different legal environments. They have included deeply thought through case studies on actual practices already at work in most relevant sectors such as electronics and apparel. This book will enlighten academics and policy-makers and help practitioners. Overall, it is conveying a very important message: human rights must be taken seriously in public procurement procedures!’ -- Roberto Caranta, University of Turin, ItalyTable of ContentsContents: Editors’ preface PART I INTRODUCTION 1. Public procurement and human rights: interrogating the role of the state as buyer Olga Martin-Ortega and Claire Methven O’Brien PART II FRAMEWORKS AND ACTORS 2. Human rights and national procurement rules in the World Trade Organization Agreement on Government Procurement Opi Outhwaite 3. Human rights in the context of public procurements financed by the World Bank Sope Williams-Elegbe 4. The human rights responsibilities of international organizations as procuring authorities Deborah Russo 5. Constitutionalising public procurement through human rights: lessons from South Africa Geo Quinot 6. Public procurement and ‘core’ human rights: a sketch of the European Union legal framework Albert Sanchez-Graells 7. Civil liability for abuses of ILO core labour rights in European Union government supply chains: Ireland as a case study Eamonn Conlon 8. Public procurement and human rights: current role and potential of voluntary sustainability standards Axel Marx PART III OPPORTUNITIES AND CHALLENGES: INSIGHTS FROM PRACTICE 9. Outsourcing and bonded labour in military and diplomatic security services James Sinclair 10. Public procurement and human rights in the healthcare sector: the Swedish county councils’ collaborative model Pauline Göthberg 11. Public procurement and modern slavery risks in the English adult social care sector Caroline Emberson and Alexander Trautrims 12. Making rights effective in public procurement supply chains: lessons from the electronics sector Björn Skorpen Claeson 13. Supply chain transparency in public procurement: lessons from the apparel sector Robert Stumberg and Nicole Vander Meulen PART IV CONCLUSION 14 Public procurement and human rights: towards legal and policy coherence in pursuit of sustainable market economies Claire Methven O’Brien and Olga Martin-Ortega Index

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Book SynopsisCommentators and courts disagree on such fundamental issues as the definition of forum shopping and whether it is an 'unsung virtue' or an untrammelled vice. Disagreements persist on how to deal with 'virtuous' forum shopping or how best to proscribe "evil" forum shopping, if such a distinction can at all be made. This research review illuminates, explores and contest these questions. The text identifies articles that analyse the definitions and purpose of forum shopping, the right and duty to practise it and how it relates to private international law. Other topics covered include the link between forum shopping and uniform substantive law and jurisdictional issues and arbitration. This research review provides a comprehensive overview of the topic and will prove useful to academics, students and practitioners alike.Trade Review‘These amazing three volumes - containing everything you always wanted to know about forum shopping but were afraid to ask - are a masterwork on one of the most controversial and ubiquitous issues of International Law. The selection and classification of the articles included in this Research Collection could hardly be better and go certainly beyond the scope suggested by the title. Indeed, readers will find much more than International Commercial Law therein.’Table of ContentsVolume I Contents: Acknowledgements Introduction Franco Ferrari and Aaron D. Simowitz PART I FORUM SHOPPING: WHAT IS IT? [274 pp] 1. Friedrich K. Juenger (1989), ‘Forum Shopping, Domestic and International’, Tulane Law Review 63, 553–74 [22] 2. Kevin M. Clermont and Theodore Eisenberg (1995), ‘Exorcising the Evil of Forum-Shopping’, Cornell Law Review, 80, 1507–35 [29] 3. Ralph U. Whitten (2002), ‘U.S. Conflict-of-Laws Doctrine and Forum Shopping, International and Domestic (Revisited)’, Texas International Law Journal, 37, 559–89 [31] 4. Alan O. Sykes (2008), ‘Transnational Forum Shopping as a Trade and Investment Issue’, Journal of Legal Studies, 37 (2), June, 339–78 [40] 5. Richard Maloy (2005), ‘Forum Shopping: What’s Wrong With That?’, Quinnipiac Law Review, 24 (1), 25–62 [38] 6. Markus Petsche (2011), ‘What's Wrong with Forum Shopping? An Attempt to Identify and Assess the Real Issues of a Controversial Practice’, International Lawyer, 45 (4), Winter, 1005–28 [24] 7. Franco Ferrari (2013), ‘Forum Shopping: A Plea for a Broad and Value-Neutral Definition’, 1–33 [33] 8. Pamela K. Bookman (2016), ‘The Unsung Virtues of Global Forum Shopping’, Notre Dame Law Review, 92 (2), 579–635 [57] PART II FORUM SHOPPING: WHEN AND HOW? [177 pp] 9. Mary Garvey Algero (1999), ‘In Defense of Forum Shopping: A Realistic Look at Selecting a Venue’, Nebraska Law Review, 78 (1), 79–112 [34] 10. Debra Lyn Bassett (2006), ‘The Forum Game’, North Carolina Law Review, 84 (2), 333–95 [64] 11. Emil Petrossian (2007), ‘II. In Pursuit of the Perfect Forum: Transnational Forum Shopping in the United States and England’, Loyola of Los Angeles Law Review, 40, 1257–335 [79] PART III THE RIGHT AND DUTY TO FORUM SHOP [72 pp] 12. Ronald A. Brand (1998), ‘Professional Responsibility in a Transnational Transactions Practice’, Journal of Law and Commerce, 17, 301–42 [42] 13. Aaron D. Simowitz (2013), ‘A U. S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 23–52 [30] PART IV FORUM SHOPPING AND PRIVATE INTERNATIONAL LAW [188 pp] 14. Russell J. Weintraub (2009), ‘Rome II: Will it Prevent Forum Shopping And Take Account of the Consequences of Choice of Law?’, in John Ahern and William Binchy (eds), The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: A New International Litigation Regime, Leiden, the Netherlands: Martinus Nijhoff Publishers, 47–55 [9] 15. Csongor István Nagy (2010), ‘The Rome II Regulation and Traffic Accidents: Uniform Conflict Rules with Some Room for Forum Shopping – How so?’, Journal of Private International Law, 6 (1), 93–108 [16] 16. Patrick J. Borchers (2010), ‘Punitive Damages, Forum Shopping, and the Conflict of Laws’, Louisiana Law Review, 70 (2), Winter, 529–55 [27] 17. Christopher A. Whytock (2011), ‘The Evolving Forum Shopping System’, Cornell Law Review, 96 (3), March, 481–534 [54] 18. Mathias Forteau (2002), ‘The Diversity of Applicable Law before International Tribunals as a Source of Forum Shopping and Fragmentation of International Law: An Assessment’ in Rüdiger Wolfrum and Ina Gätzschmann (eds), International Dispute Settlement: Room for Innovations?, Heidelberg, Germany: Springer, 417–41 [25] 19. David L. Noll (2014), ‘The New Conflicts Law’, Stanford Journal of Complex Litigation, 2 (1), 40–96 [57] Volume II Acknowledgements Introduction An introduction to all three volumes by the editors appears in Volume I PART I FORUM SHOPPING AND UNIFORM SUBSTANTIVE LAW [170 pp] 1. District Court Rimini (Al Palazzo S.r.l. v. Bernardaud di Limoges S.A.), 26 November 2002, 1–3 [3] 2. Franco Ferrari (2002), ‘Forum Shopping Despite International Uniform Contract Law Conventions’, International and Comparative Law Quarterly, 51 (3), July, 689–707 [19] 3. Franco Ferrari (2004), ‘Divergences in the Application of the CISG’s Rules on Non-conformity of Goods’, Rabel Journal of Comparative and International Private Law, 68 (3), 473–94 [22] 4. Franco Ferrari (2009), ‘Homeward Trend: What, Why and Why Not’, Internationales Handelsrecht, 9 (1), 8–24 [17] 5. Franco Ferrari (2008), ‘Choice of Forum and CISG: Remarks on the Latter’s Impact on the Former’, in Harry Flechtner, Ronald Brand and Mark Walter (eds), Drafting Contracts Under the CISG, Part III, Chapter 5, Oxford, UK: Oxford University Press, 103–48 [46] 6. Franco Ferrari (2012), ‘PIL and CISG: Friends of Foes?’, Journal of Law & Commerce, 31, 45–107 [63] PART II FORUM SHOPPING AND JURISDICTIONAL ISSUES: U.S. [263 pp] 7. Linda J. Silberman (2012), ‘Goodyear and Nicastro: Observations from a Transnational and Comparative Perspective’, South Carolina Law Review, 63, 591–615 [25] 8. Donald Earl Childress III (2012), ‘Forum Conveniens: The Search for a Convenient Forum in Transnational Cases’, Virginia Journal of International Law, 53 (1), 157–79 [23] 9. Ronald A. Brand (2013), ‘Challenges to Forum Non Conveniens’, New York University Journal of International Law and Politics, 45, 1003–35 [33] 10. Donald Earl Childress III (2013), ‘General Jurisdiction and the Transnational Law Market’, Vanderbilt Law Review en Banc, 66, 67–80 [14] 11. Linda J. Silberman (2017), ‘The End of Another Era: Reflections on Daimler and Its Implications for Judicial Jurisdiction in the United States’, Lewis and Clark Law Review, 19 (3), 675–92 [18] 12. Robin Effron (2015), ‘Atlantic Marine and the Future of Forum Non Conveniens’, Hastings Law Journal, 66, 693–718 [26] 13. Linda J. Silberman and Aaron D. Simowitz (2016), ‘Recognition and Enforcement of Foreign Judgments and Awards: What Hath Daimler Wrought?’, New York University Law Review, 91, May, 344–95 [52] 14. Maggie Gardner (2017), ‘Retiring Forum Non Conveniens’, New York University Law Review, 92 (2), 390–461 [72] PART III FORUM SHOPPING AND JURISDICTIONAL ISSUES: EUROPE [109 pp] 15. King Fung Tsang (2010), ‘Forum Shopping in European Insurance Litigation: A Comparison between Jurisdictional Rules in the European Union and the United States’, Loyola of Los Angeles International and Comparative Law Review, 32, 239–71 [33] 16. European Parliament and Council Reg. 1215/2012 (The Brussels I Regulation Recast), 1–32 [32] 17. Pietro Franzina (2013), ‘The Recast of the Brussels I Regulation: Old and New Features of the European Regime on Jurisdiction and the Recognition of Judgments’, Blog of International Judicial Assistance, 1–9 [9] 18. Turner v Grovit (Case C-159/02 2004 ECR I-3565), Publications Office of European Union, 1–15 [15] 19. Owusu vs. Jackson (Case C-281/02 2005 QB 801), Publications Office of European Union, 1–20 [20] PART IV FORUM SHOPPING AND ARBITRATION [192 pp] 20. Filip De Ly (2013), ‘Forum Shopping and the Determination of the Place of Arbitration’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 53–68 [16] 21. Loukas Mistelis (2013), ‘Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 277–95 [18] 22. Linda Silberman and Maxi Scherer (2013), ‘Forum-Shopping and Post-Award Judgements’, in Franco Ferrari (ed.), Forum Shopping in the International Commercial Arbitration Context, Munich, Germany: Sellier European Law Publishers, 313–45 [33] 23. S.I. Strong (2013), ‘Discovery Under 28 U.S.C. § 1782: Distinguishing International Commercial Arbitration and International Investment Arbitration’, Stanford Journal of Complex Litigation, 1 (2), 295–372 [78] 24. Margaret Moses (2014), ‘Arbitration/Litigation Interface: The European Debate’, Northwestern Journal of International Law and Business, 35 (1), Fall, 1–47 [47] Index Volume III Introduction An introduction to all three volumes by the editors appears in Volume I PART I FORUM SHOPPING AND DEFAMATION [122 pp] 1. Sarah Staveley-O’Carroll (2009), ‘Libel Tourism Laws: Spoiling the Holiday and Saving the First Amendment?’, New York University Journal of Law and Liberty, 4, 252–92 [41] 2. Trevor C. Hartley (2010), ‘”Libel Tourism” and Conflict of Laws’, International and Comparative Law Quarterly, 59 (1), 25–38 [14] 3. Lili Levi (2012), ‘The Problem of Trans-National Libel’, American Journal of Comparative Law, 60, 507–53 [47] 4. Peter Arnt Nielsen (2013), ‘Libel Tourism: English and EU Private International Law’, Journal of Private International Law, 9 (2), 269–88 [20] PART II FORUM SHOPPING AND IP LAW [89 pp] 5. Chester S. Chuang (2012), ‘Offensive Venue: The Curious Use of Declaratory Judgment to Forum Shop in Patent Litigation’, George Washington Law Review, 80, 1065–114 [50] 6. Robert D. Swanson (2013), ‘Implementing the E.U. Unified Patent Court: Lessons from the Federal Circuit’, Brigham Young University International Law & Management Review, 9 (2), 169–99 [31] 7. Peter Pinckney v KDG Mediatech AG., Case C-170/12 2013, 1–8 [8] PART III FORUM SHOPPING AND COMPETITION LAW [69 pp] 8. Ronald A. Cass (2010), ‘Competition in Antitrust Regulation: Law Beyond Limits’, Journal of Competition Law and Economics, 6, 119–52 [34] 9. Hugh Mercer QC (2013), ‘Applicable Law in Cross-Border EU Competition Law Actions - Forum Shopping, Mandatory Rules and Public Policy’, in Mihail Danov, Florian Becker, Paul Beaumont (eds), Cross-Border EU Competition Law Actions, Chapter 22, London, UK: Hart Publishing, 329–36 [8] 10. Alison Jones (2016), ‘Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US’, in Maria Bergström, Marios Iacovides and Magnus Strand (eds), Harmonising EU Competition Litigation: The New Directive and Beyond, Part I, Chapter 2, Oxford, UK and Portland, OR, USA: Hart Publishing, 15–41 [27] PART IV FORUM SHOPPING IN INSOLVENCY PROCEEDINGS [234 pp] 11. Todd J. Zywicki (2006), ‘Is Forum-Shopping Corrupting America's Bankruptcy Courts?’, Georgetown Law Journal, 94 (4), 1141–95 [55] 12. John A. E. Pottow (2007), ‘The Myth (and Realities) of Forum Shopping in Transnational Insolvency’, Brooklyn Journal of International Law, 32 (2), 785–817 [33] 13. Wolf Georg Ringe (2008), ‘Forum Shopping under the EU Insolvency Regulation’, European Business Organization Law Review, 9 (4), 579–620 [42] 14. Gerard McCormack (2009), ‘Jurisdictional Competition and Forum Shopping in Insolvency Proceedings’, Cambridge Law Journal, 68 (1), 169–97 [29] 15. Marek Szydło (2010), ‘Prevention of Forum Shopping in European Insolvency Law’, European Business Organization Law Review, 11 (2), 253–72 [20] 16. Jennifer Payne (2013), ‘Cross-border Schemes of Arrangement and Forum Shopping’, European Business Organization Law Review, 14 (4), 563–89 [27] 17. Gerard McCormack (2014), ‘Bankruptcy Forum Shopping: the UK and US as Venues of Choice for Foreign Companies’, International and Comparative Law Quarterly, 63 (4), 815–42 [28] PART V FORUM AND TREATY SHOPPING [84 pp] 18. Roos van Os and Roeline Knottnerus (2011), ‘Dutch Bilateral Investment Treaties: A Gateway to “Treaty Shopping” for Investment Protection by Multinational Companies’, Working Paper, October, Amsterdam, the Netherlands: SOMO, 1–49 [49] 19. William Lawton Kirtley (2009), ‘The Transfer of Treaty Claims and Treaty-Shopping in Investor-State Disputes’, Journal of World Investment and Trade, 10 (3), 427–61 [35] Index

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Book SynopsisThis comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts.Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.Trade Review'This is a much needed book, which brings together scholars from around the world in a collection of essays which contemplate international contracts more broadly. The world needs more research like this, in an age where international approaches cross regional borders and jurisdictions. The contributions are well set out, and allow the reader to see a more pragmatic picture of international commercial contracts. I particularly enjoyed the editors' own chapter on Party Autonomy and will be recommending this to my students of international commercial law.' -- Camilla Baasch Andersen, The University of Western Australia'This fine assembly of chapters, predominantly by South African scholars but also including work from scholars in The Netherlands, the UK and the US, is devoted to a study of contract and commercial law on the international plane. The 17 contributions cover a wide range, both in time and in topic, and bring new insights into current and emerging commercial law issues, as well as alerting the reader to sources of which he or she may have been unaware. I warmly commend this new work.' -- Roy Goode, University of Oxford, UKTable of ContentsContents: List of contributors vii 1 International commercial contracts: autonomy and regulation in a dynamic system of merchant law 1 Andrew Hutchison and Franziska Myburgh PART I GENERAL PRINCIPLES OF CONTRACT LAW 2 On reasonable expectations, interpretive preferences and the ICS principles of interpretation 11 Franziska Myburgh 3 Good faith and the duty to co-operate in long-term contracts 35 Lorna Richardson 4 A lex mercatoria of remedies for breach of contract? 57 Harriët N Schelhaas 5 An EU perspective on contract law harmonisation 86 Bert Keirsbilck 6 Private international law and choice-of-law clauses 110 Faadhil Adams and Thalia Kruger 7 The UNIDROIT Principles of International Commercial Contracts 132 Thomas Krebs PART II MERCHANT CONTRACT FORMS 8 CISG and Incoterms® : reviving the traditions of the lex mercatoria 159 Juana Coetzee 9 Private ordering, dynamic merchant tradition, and the Uniform Commercial Code 181 David L Finnegan 10 A history of English marine insurance law: merchants, their practices, the courts and the law 196 Jeffrey Thomson 11 From the book of lading to blockchain bills of lading: dynamic merchant tradition and private ordering 223 Livashnee Naidoo 12 Negotiable instruments as instruments of payment in international trade 244 Charl Hugo 13 Harmonizing international secured transactions law 262 Reghard Brits 14 Agency law: continuity and change 281 Laura Macgregor PART III NEW FRONTIERS 15 Online contracting in an international commercial context 301 Sieg Eiselen 16 The chimera of smart contracts 328 Manuel A Gomez Index

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Book SynopsisThe Economic and Monetary Union (EMU) constitutes a key pillar of the project of European integration, and the law serves as the infrastructure of the EU's system of economic governance. This comprehensive Research Handbook analyses and explains this complex architecture from a legal point of view and looks ahead to the challenges it faces and how these can be resolved. Bringing together contributions from leading academics from across Europe and top lawyers from several EU institutions, this Research Handbook is the first to cover all aspects of the Eurozone's legal ecosystem, including the fiscal, monetary, banking, and capital markets unions. In doing so, it offers an up-to-date and in depth assessment of the norms and procedures that underpin EMU, exploring the latest developments, highlighting the strengths and weaknesses of the existing framework, and making suggestions for necessary reform through policy and law. Scholars and advanced students with an interest in EU economic law will find this Research Handbook to be an indispensable guide. It will also prove valuable to policy-makers and legal advisors working in EU institutions, as well as practitioners in the field and officials in both EU and national administrations.Trade Review'This Research Handbook is a thorough and well-organized volume on European economic law. It is a timely publication given the fast pace of changes in European economic affairs and presents a balanced look at the strengths and weaknesses among European Monetary Union institutions with an eye to the future from the contributors’ perspectives. This particular addition to the series is unique among other publications for its in-depth analysis of EU economic law.'--Stephanie C Miller, International Journal of Legal InformationTable of ContentsContents: 1. Introduction Federico Fabbrini and Marco Ventoruzzo PART I Economic Union 2. Institutional architecture Alberto de Gregorio Merino 3. Fiscal Rules Jean-Paul Keppenne 4. Mechanisms of Financial Stabilization Tomi Tuominen 5. Fiscal Capacity Federico Fabbrini PART II Monetary Union 6. Institutional architecture (ECB, Eurosystem) Phoebus Athanassiou 7. Conventional & Unconventional Monetary Policy Aikaterini Pantazatou and Ioannis Asimakopoulos 8. Monetary Policy and Judicial Review Stefania Baroncelli 9. Adjustment Programs and Conditionality Roderic O’Gorman PART III Banking Union 10. The Single Rulebook and the European Banking Authority Valia Babis 11. Single Supervisory Mechanism Tobias H. Troeger 12. Single Resolution Mechanism Christos Gortsos 13. European Deposit Insurance Scheme Christos Gortsos PART IV Capital Markets Union 14. The European System of Financial Supervision Sophie Vuarlot-Dignac and Eugenia Siracusa 15. Capital Markets Union Danny Busch 16. Financial Services and Investment Funds Filippo Annunziata 17. Clearing and Settlement Nadia Linciano 18. Concluding remarks Andreas Heinzmann and Valerio Scollo Index

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Book Synopsis'Bainbridge and Henderson have given us one of the most important books on one of the most important contemporary legal issues, the liability of individual and corporate shareholders for corporate debts. There is no issue in corporate law more subject to uncertainty and no issue more likely to be litigated. No single book has ever attempted, much less carried off, the complete historical, international, economic and legal theoretical exegesis of limited liability, which these two authors do with range, depth, confidence and even a bit of panache. This monograph, of crucial interest both to scholars and practitioners, will become an instant classic and an immediate authority.'Stephen B. Presser, Northwestern University and the author of Piercing the Corporate VeilThe modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest allows for more risks to be taken at a lower cost.This comprehensive economic analysis of the policy debate surrounding the laws governing limited liability examines limited it not only in an American context, but internationally, as the authors consider issues of limited liability in Britain, Europe and Asia. Stephen Bainbridge and M. Todd Henderson begin with an exploration of the history and theory of limited liability, delve into an extended analysis of corporate veil piercing and related doctrines, and conclude with thoughts on possible future reforms. Limited liability in unincorporated entities, reverse veil piercing and enterprise liability are also addressed. This comprehensive book will be of great interest to students and scholars of corporate law. The book will also be an invaluable resource for judges and practitioners.Trade Review'This book does a wonderful job of bringing sharp and clear analysis to a breathtakingly complex and poorly understood area of law. In particular, the book is distinctive for its careful treatment of the inefficiencies generated by current confusion and apparent subjectivity of the law in many states. Also of interest is the book's thoughtful economic analysis of the various ways that parent companies and other controlling investors react to the confused state of the law.' --Jonathan Macey, Yale University'Professors Bainbridge and Henderson have made an outstanding contribution to the literature on limited liability. There is something valuable for everyone in this book, which provides not only a clear and comprehensive exposition of the doctrine and theory of limited liability, but also with a cogent and clever solution to limited liability's deeply troubled exception, veil-piercing. This is an important book in one of the most important areas of business law, and is a tremendous, versatile resource for attorneys, entrepreneurs, students and scholars alike.' --Peter Oh, University of Pittsburgh'This new text represents scholarship in its finest form. Professors Bainbridge and Henderson provide, in succinct form, a masterly coverage of the central corporate law concept of limited liability. . . This is a ''must have'' component for the personal library of any serious scholar of corporate law in the developed world. Students at all levels will benefit from the insights on offer. It could be read with interest by a range of policymakers. I would recommend it without any qualification.' --International Company and Commercial Law ReviewTable of ContentsContents: 1. Introduction 2. History of Limited Liability 3. Why does the Law Limit Corporate Shareholders’ Liability? 4. Veil Piercing Standards 5. What Law Applies? 6. Veil Piercing in Statutory Contexts 7. Related Doctrines 8. Veil Piercing in Unincorporated Entities 9. Limited Liability in Comparative Perspective 10. Rethinking Veil Piercing 11. Conclusion Index

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Book SynopsisThis innovative book explores the legal character of petroleum licences, a key vehicle governing the relationship between oil companies and their host states. Examining the issue through the lens of legal culture, it illustrates why some jurisdictions exert strong state control and others only minimal.Critically investigating the nature of a petroleum licence, the book analyses whether it is a mere administrative right, a contract or something more akin to property rights. Chapters examine recent developments, such as the UK's strategy of maximizing economic recovery and the opposition to drilling for oil in Norway and Australia. Outside of Western petroleum jurisdictions, the book also explores several long-established jurisdictions including Russia and Mexico, as well as emerging jurisdictions, such as China and Uganda. Taking a contextual and system-oriented approach, it reveals the preconditions of the petroleum licence regime and offers a critical insight into the reasons behind alterations to the terms of the licences.Encompassing a wide variety of legal cultures and experiences, this thought-provoking book will prove to be a valuable resource for academics and students of energy law, particularly those with an interest in state regulation. It will also provide useful insights for industry-based practitioners.Table of ContentsContents: Acknowledgements viii 1 Introduction 1 Jørn Øyrehagen Sunde and Tina Soliman Hunter 2 Characterisation of Australia’s petroleum licences: property capable of acquisition on ‘just terms’? 16 Tina Soliman Hunter 3 The legal character of petroleum licences in the United States of America 51 John Lowe 4 The legal character of petroleum licences in Canada 72 Nigel Bankes 5 The legal character of petroleum licences in Uganda 95 Emmanuel Kasimbazi 6 Petroleum licences – a legal culture perspective: the United Kingdom 119 Greg Gordon and John Paterson 7 Oil and gas licences – a legal nature perspective: the Netherlands 139 Martha Roggenkamp 8 Legal character of petroleum licences under Norwegian law 159 Ernst Nordtveit 9 Russia: legal culture and character of Russian petroleum licences 186 Irina Fodchenko 10 The Mexican petroleum licence of 2013 207 Guillermo J. Garcia Sanchez 11 The legal character of petroleum licences in the People’s Republic of China 234 Yong Li 12 Afterword: Licence rights – what’s left? 253 Terence Daintith Index

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Book SynopsisWhat does the future hold for oil and gas, what can we learn from the past and what role does law have to play in this? Using a unique temporal lens, this Research Handbook examines core themes in oil and gas regulation from historical, contemporary and forward-looking perspectives.Structured in three distinct parts, this Research Handbook begins by detailing the past dominance of oil, charting the role and influence of legal instruments and regulatory regimes governing petroleum. Using a diverse range of case study perspectives over several jurisdictions, the Research Handbook then turns to oil and gas in the modern world, with critical discussion of current petroleum legal regimes. It concludes with a series of forward-looking chapters that consider the future challenges and opportunities for oil and gas, and how petroleum-dependent states can both regulate and facilitate the age of energy transition.Surveying the technological shifts of the oil and gas sector through time, this comprehensive Research Handbook will prove an invigorating read for scholars and students of energy and natural resource law disciplines. Its discussion of emerging technologies and community impact will prove particularly useful to regulators, policymakers, corporations and legal practitioners concerned with the future of energy.Trade Review‘Soliman Hunter and Taylor bring together a fine group of legal specialists and practitioners to explore the past, present and future of oil and gas. As the world transitions towards a low carbon future, this is a very timely and important research volume on energy markets, governance and regulatory regimes.’ -- Andreas Goldthau, University of Erfurt and Institute for Advanced Sustainability Studies, Germany‘An indispensable work for understanding national and international approaches to oil and gas regulations, and the relevant challenges in an era of energy transition.’ -- Carlos Bernal, Member of CENRIT and Commissioner at the Inter-American Human Rights CommissionTable of ContentsContents: PART I THE PAST – THE DOMINANCE OF OIL 1 Historical perspectives on the global petroleum economy 2 Tina Soliman Hunter 2 The role and influence of oil concessions on the oil and gas industry 33 Janan Gibbins 3 The ‘move’ offshore: The progressive development of international law in relation to the access to, and control of, offshore oil and gas resources 52 Nikolaos Koulouris and Tina Soliman Hunter 4 Development of regulatory regimes for offshore petroleum exploitation: The ‘North American’ and ‘North Sea’ perspectives 65 Tina Soliman Hunter PART II THE PRESENT: OIL AND GAS IN THE MODERN WORLD 5 The role of law in petroleum resource governance and predicting the natural resource paradox in Africa 90 Eddy Lenusira Wifa and Mostafa Elshazly 6 Asian liquified natural gas markets: The tomorrow will look very different from yesterday 115 Kim Talus 7 Hydrocarbon activities on indigenous land: Substantive and procedural rights 130 Rachael Lorna Johnstone and Emma Wilson 8 The Energy Charter Treaty as a legal instrument for oil and gas disputes 158 Moritz Wüstenberg and Tina Soliman Hunter 9 Oil and gas in Latin America: Recent development on the policy and regulation and future perspectives 175 Juan Felipe Neira, Carlos Bellorin, Ernesto Beltrán Nishizaki, Antero Alvarado and Laura Camila Ramos 10 The shale gas revolution—the United States’ perspective 195 Hannah J. Wiseman 11 An unconventional evolution: Addressing and regulating socio-legal issues associated with the development of shale gas and coal seam gas resources in selected jurisdictions 219 Madeline Taylor 12 Changing perspectives on production sharing contracts 246 Ahad Al Yahyai 13 International and supranational aspects of oil and gas law and its impact on national autonomy over petroleum development 290 Ernst Nordtveit and Tina Soliman Hunter 14 The regulatory aspects of managing contamination from oil and gas facilities during the offshore decommissioning process 320 Elizabeth J Brandon 15 Emerging technologies in oil and gas development: regulatory and policy perspectives 344 Tina Soliman Hunter, Madeline Taylor and Niloufer Selvadurai 16 Future security of Russia’s fuel and energy complex: The dominance of the Arctic 372 Dmitriy A. Medvedev and Tina Soliman Hunter 17 Maritime boundaries and cooperation over straddling seabed resources in the Eastern Mediterranean Sea 388 Constantinos Yiallourides 18 Conclusion: Energy transition in an oil and gas dependent world 409 Madeline Taylor and Tina Soliman Hunter Index

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Book SynopsisIn this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK. In analyzing direct damages, the author treats the problem as pricing the option to terminate. This sheds light on the question of the date at which damages should be measured and the role of post-breach information in damage assessment. It shows how the treatment of the so-called lost volume seller in both countries results in the court constructing an absurd contract, setting an option price with perverse characteristics. Goldberg then considers two questions regarding consequential damages--the enforceability of consequential damages exclusion clauses and whether the lost profits claims of new businesses should be rejected. Contracts professors, judges, lawyers and law students will be inspired by this volume to rethink the law of contract damages.Trade Review‘There is much to recommend this book, particularly if you enjoy having long-held assumptions about a case challenged. Goldberg is to be warmly commended for speaking to an audience beyond the US. I hope that he continues to turn his gaze to English case law (and perhaps beyond) and causes us all to rethink some of the assumptions we operate under.’ -- Katy Barnett, Cambridge Law Journal'Professor Goldberg's book provides a wealth of new insights into the English cases on contract damages, through impressively detailed research that includes the unearthing of new materials. Goldberg notes from the outset that he comes to English law ''as an outsider'' and the lens through which he evaluates the cases rests on a premise that many English contract scholars are unlikely to accept. And yet, as a spur to ''rethinking'' contract damages, this approach makes a provocative and valuable contribution, and I learned a lot from reading the book.' --Andrew Summers, London School of Economics, UKTable of ContentsContents: Introduction Part 1. Direct Damages 1. Reckoning Contract Damages: Valuation Of The Contract As An Asset 2. After The Golden Victory: Still Lost at Sea 3. The Lost Volume Seller, US 4. The Lost Volume Seller, UK 5. British Westinghouse and The New Flamenco: Misunderstanding Mitigation 6. The Middleman’s Damages Revisited 7. Contract Damages when there are Sub-Sales, UK 8. Rethinking Jacob and Youngs v. Kent Part 2. Indirect Damages 9. Victoria Laundry’s Dirty Linen 10. Consequential Damages and Exclusion Clauses, US 11. Consequential Damages and Exclusion Clauses, UK 12. The New Business Rule and Compensation for Lost Profits Bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.Trade Review‘This book is expertly and clearly written by one of the leading experts in the field. The language is technical but not difficult, and people approaching this field for the first time will have no difficulty in understanding the basics of the subjects covered in its eight chapters. The book comes as highly recommended for those who conduct research on this topic for the first time and/or who would like to enrich their knowledge by referring to key cases and other publications in the area.’ -- Eugenio Vaccari, International Company and Commercial Law Review‘This latest addition to the very impressive oeuvre of Prof. Reinhard Bork in the field of (cross-border) insolvency law provides a comprehensive, clear and convincing treatise of issues relevant in a cross-border insolvency context. Bork addresses matters of jurisdiction, applicable law, recognition, cooperation and coordination, secondary proceedings, the position of foreign creditors in domestic proceedings and group insolvencies on the basis of both the European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. It is a “must read” for everyone working in or studying insolvency law. I am convinced that it will find its way to and benefit practitioners and scholars around the globe.’ -- P.M. (Michael) Veder, Radboud University, the Netherlands

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.Trade Review‘This book is expertly and clearly written by one of the leading experts in the field. The language is technical but not difficult, and people approaching this field for the first time will have no difficulty in understanding the basics of the subjects covered in its eight chapters. The book comes as highly recommended for those who conduct research on this topic for the first time and/or who would like to enrich their knowledge by referring to key cases and other publications in the area.’ -- Eugenio Vaccari, International Company and Commercial Law Review‘This latest addition to the very impressive oeuvre of Prof. Reinhard Bork in the field of (cross-border) insolvency law provides a comprehensive, clear and convincing treatise of issues relevant in a cross-border insolvency context. Bork addresses matters of jurisdiction, applicable law, recognition, cooperation and coordination, secondary proceedings, the position of foreign creditors in domestic proceedings and group insolvencies on the basis of both the European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. It is a “must read” for everyone working in or studying insolvency law. I am convinced that it will find its way to and benefit practitioners and scholars around the globe.’ -- P.M. (Michael) Veder, Radboud University, the Netherlands

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Book SynopsisPresenting detailed analysis of the industrialization and commercialization of pharmaceutical patents in China, this timely book explores a range of related topics including a comparison of the ideal and existing state of the pharmaceutical market and patent industrialization. It argues that the core purpose of the industrialization of pharmaceutical patents is to promote the development of the local pharmaceutical industry whist also protecting society's right to safe and effective medication.Chapters examine the special application issues of patent law in relation to the field of pharmaceuticals, compare the Chinese and American legal systems and their approach to pharmaceutical patents, and provide in depth political and legal analysis of the industry. James Hou suggests methods by which the Chinese legal system can seek to improve its governance of pharmaceutical patents and balance the conflicts of interest arising between new drug developers, established drug manufacturers and the end users.Featuring comprehensive coverage of patents in the Chinese pharmaceutical industry, this book will be a key resource for scholars and students of commercial, pharmaceutical and intellectual property law, whilst also being of interest to industry talents discovering the potential of their own innovations.Table of ContentsContents: Forward Preface Introduction 1. On the importance of patents in pharmaceutical industry development 2. Pharmaceutical markets and patents: Idealized, and in practice 3. Comparison of Chinese and American legal systems on pharmaceutical patents 4. Patent law issues unique to pharmaceuticals 5. Improvement of China’s pharmaceutical patent system 6. Law and policy analysis of China’s pharmaceutical patent industrialization 7. Conclusion

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