Financial law: general Books

Book SynopsisOne of the main issues for a buyer making an acquisition is how to finance it. Acquisition Finance, 2nd edition considers the commercial factors that influence the choice of finance and analyses the most common forms of debt and equity finance. Offering in depth expert advice it provides a full picture for each scenario of the transaction structure and process from the initial commercial stages, to the structuring aspects, due diligence process, the legal documentation process (including a detailed look at the various legal documents required), to funding and completion. The second edition includes coverage of the following changes in the financial market: Impact of the credit crunch on the acquisition finance market and the terms currently available to borrowers (pricing, level of restriction, balance of negotiating power between lenders and borrowers); Types of acquisition finance currently available (less mezzanine finance, less second lien debt, but high yield debt market strengthening); Typical funding structures in the post-credit crunch market; How the financial assistance rules apply to buyouts since October 1, 2009; Changes to the players in the acquisition finance market, including the increasing involvement of non-bank lenders; Continued evolution of the private equity market; Current state of the public-to-private market and its regulation reflecting changes to the Takeover Code since 2008. Includes the following legislation and case law: Companies Act 2006 - how the financial assistance rules apply to buyouts since October 1, 2009; Changes to the Takeover Code since publication of the 1st edition in 2008; Makdessi v Cavendish Square Holdings BV and another (Appeal) [2013] EWCA Civ 1539; Re Uniq Plc [2011] EWHC 749 (Ch); Barclays Bank Plc and others v HHY Luxembourg SARL & Anor (Rev 1) [2010] EWCA Civ 1248. This title is included in Bloomsbury Professional's Banking and Finance online service. Previous print edition ISBN: 9781845920173Table of ContentsContents: CHAPTER 1 Introduction and Overview; CHAPTER 2 The Acquisition; CHAPTER 3 Financing the Acquisition; CHAPTER 4 The Equity Investment; TH CHAPTER 5 Senior Debt; CHAPTER 6 Unitranche Debt; CHAPTER 7 Second Lien Debt; CHAPTER 8 Mezzanine Debt; CHAPTER 9 High Yield Debt; CHAPTER 10 PIK Notes; CHAPTER 11 Ranking the Layers of Finance; CHAPTER 12 Deal Execution; CHAPTER 13 Public-to-Privates; CHAPTER 14 Multi-Jurisdictional Buy-Outs

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Book SynopsisExamining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments.Trade Review...by publishing The Payment Order of Antiquity and the Middle Ages: A History, Professor Geva amply demonstrates the depth and breadth of his learning in this area as the foundation for his scholarship on current and likely future issues in payments law. All banking lawyers should be delighted that he has produced this volume, so that they, too, may benefit from his lifelong devotion to the study of that law. This book is both lengthy and very detailed, as well as being very closely argued throughout and no review can do justice to the scholarly riches found therein. ...a very fine work of immense learning and scholarship. It is well-written, well-organized, and once chapter one has been consumed, intelligible to the interested non-expert reader. The historical matter is presented in meticulous and logical detail, a testimony to a very precise and logical mind. I learned an enormous amount from reading the book, expect to return to it frequently, and commend it heartily to readers. -- M. H. Ogilvie * Banking and Finance Law Review, Volume 28 *The Payment Order of Antiquity and the Middle Ages details the development of non-cash payments over the time period indicated by the title…If the book did no more than that, it would be a fascinating read, but Professor Geva undertakes a more ambitious goal. He wishes to show that the current law of payment systems has developed as a progression of payment system laws – each later system, knowingly or unknowingly building on an earlier one. -- Alan L Tyree * Journal of Banking and Finance Law and Practice 23 *In every way this is a big book. It is lengthy (more than 700 pages), its coverage is vast and it advances some very important ideas about the transmission, rebirth and adaptation of legal ideas and institutions across time and cultures. While the focus is payment, the implications of the analysis exited well beyond that into other areas of legal and commercial history. The students of legal transplants would benefit from the banking story it tells. It is a work of mature and impressive scholarship. For years to come, the book will be used as a launching pad for further analysis. No other person could have brought it off; it is in every sense a tour de force. -- Ross Cranston * Canadian Business Law Journal, Volume 53 *Table of Contents1. Money, Payment in Money, and the Order to Pay Money 2. Money and Monetary Legal Theory in Antiquity and the Middle Ages 3. Funds Transfers in Antiquity: Instruments, Institutions and Mechanisms 4. Deriving History from Law: Are Cheques Traceable to the Talmud? 5. The Payment Order under Roman Law 6. The Medieval Hawale: The Legal Nature of the Suftaj and Other Islamic Payment Instruments 7. Funds Transfers under Talmudic Law: Orthodoxy and Adaptation 8. Payment Orders in Medieval Continental Europe: Book Transfers and Bills of Exchange 9. Payment Orders under English Common Law: The Bailment of Money and the 'Reception' of the Bill of Exchange 10. Evolution and Transformation: The Birth of the Modern Payment System in Post-Medieval England 11. Turning the Wheels of Post-Medieval Change: Paper Circulation and Negotiability under English Law 12. Staying on Course: The Footprint of Ancient and Medieval Doctrine and Practice on Modern Payment Laws Epilogue: From Barter to Electronic Funds Transfers and the Role of Law

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Book SynopsisFinancial stability is a pillar of well-functioning financial markets. After the last financial crisis, European policymakers harmonised banking regulation and revised the framework of banking resolution. The introduction of the bail-in legislation is a natural experiment to improve the understanding of banking resolution and how it affected the funding strategies of banks. This book assesses whether financial stability has been strengthened by the change in banks’ resolution policy with a focus on the bail-in. The book shows how banks changed their funding strategies, shrank their balance-sheets and relied more on deposits. The book will discuss inter-alia the mis-selling of bonds, which happened during 2012-2013, analysing whether the bond allocation changed after the bail-in launch. It discusses how the bail-in mechanism was deemed credible by equity holders and argues that the European case would have useful implications for third countries. Finally, the book relates this discussion to the possible collateral effects generated by the new resolution policy during and after the COVID-19 crisis, which will be of particular interest to researchers and policymakers in banking and financial institutions. ​Table of ContentsChapter 1: The new resolution framework.- Chapter 2: Bank funding strategies after the bail-in announcement.- Chapter 3: Risk Allocation and bond misselling after the bail-in directive.- Chapter 4: Bond allocation after the bank resolution cases.- Chapter 5: Market reaction at the resolution events.

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Book SynopsisEquivalence in Financial Services offers a comprehensive and cross-industry examination of the rules and procedures under EU financial legislation dedicated to third-country market actors. The equivalence regime has become particularly topical after Brexit, as the United Kingdom is now a third country from the perspective of the European Union. This book investigates whether the current equivalence system is fit for its purpose, namely facilitating cross-border finance while minimizing as extensively as possible financial risks. After describing how the European Commission adopts equivalence measures, the book examines the implementation of the equivalence regime for the following entities: Credit Rating Agencies, Benchmarks, Trading Venues, Investment Firms, Investment Funds, Central Securities Depositories, Trade Repositories, and Central Counterparties. Addressing the most recent policy and legal developments, Equivalence in Financial Services provides an insightful guide into this complex area of financial regulation for scholars of financial regulation, legal practitioners, and policy makers. Table of ContentsChapter 1: Introduction.- Part 1: The Regulation of Cross-Border Finance.- Chapter 2: Financial Regulation and Systemic risk.- Chapter 3: The Regulation of Globalized Finance.- Part 2: Cross-Border Regulation in the EU: The Passport and the Equivalence Regime.- Chapter 4: The Passport Regime.- Chapter 5: The EU Equivalence Regime: Financial Regulation between the EU and Third Countries. - Part 3: The Regulation of Cross-Border Finance.- Chapter 6: Evaluating the Effectiveness of Equivalence: towards an Analytical Framework.- Chapter 7: A Cross-Industry Analysis of EU Equivalence Frameworks. Are they Effective?.- Chapter 8: The Equivalence Framework for Central Counterparties. EU Regulation and Supervision.- Chapter 9: A Proposal to Reform the EU Equivalence Regime.

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Book SynopsisPART I We, the Entrepreneurs.- Chapter 1 Incorporate Substance for a Better World.- PART II The Sustainable Finance Function of the Corporation.- Chapter 2 The Human Corporation and a Sustainable Financial System.- Chapter 3 Corporation Finance: Real Disclosure, Profit, and Liability.- PART III Creation of Value (Facts, Facts, Facts).- Chapter 4 Financial Reporting: Verified Information for Investors (Accountability).- Chapter 5  Company Valuation as a Legal Act of Sustainable Value Creation.- PART IV Good Economy through Integrity.- Chapter 6  Global Climate Change for People, Investment and Capital Markets.- Chapter 7 Personal Responsibility and Valuation in Law and Practice (Compliance).- PART V The World, and Beyond.- Chapter 8 Global Vermögensordnung: Sustainable Valuation and Financial Reporting for Prosperity (Peace).- Chapter 9 The Nicomachean Question of Complementarity.

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Book SynopsisIntroduction.- Micro and/or Small Sized Finance and the Development of P2P Lending in Vietnam.- Risks Related to Micro and/or Small Sized Finance via P2P Lending Platforms.- Risk Diversification as the Traditional Tool for Reducing Risk in Vietnam’s Micro and/or Small Sized Finance.- Vietnam’s Traditional Risk Diversification Tools Compared to the Ones in the United States and Japan.- Mutual Funding as a New Tool for Risk Diversification.- Challenges in Implementing Mutual Funding in Vietnam’s P2P Lending Schemes.- Empirical Testing the Feasibility of Mutual Funding as a Risk Diversification Tool in Vietnam.- Conclusion.- Appendix.

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Book SynopsisTable of ContentsPreface Trade Agreements: Issue Areas 1. Enforcement and Dispute Settlement J.-H. Park 2. The Escape Clause in Trade Agreements M. Beshkar and E.W. Bond 3. Dumping and Antidumping Duties B.A. Blonigen and T.J. Prusa 4. Subsidies and Countervailing Duties G.M. Lee 5. Non-Tariff Measures and the World Trading System J. Ederington and M. Ruta 6. Preferential Trade Agreements N. Limão 7. Special and Differential Treatment for Developing Countries E. Ornelas 8. Trade, Intellectual Property Rights, and the World Trade Organization K. Saggi 9. Issue Linkage G. Maggi

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Book SynopsisGeorge Craig was Sir Walter Scott's local banker, a writer, insurance agent, election agent and baron bailie of Galashiels. Based on thousands of recently discovered letters, this is the first study of a provincial nineteenth-century Scots lawyer and the community he served.

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Book SynopsisThis rigorous commentary takes as its focus the English partnership agreement. It sets out in meticulous detail how the agreement is amended by supplementary statutory provisions or rules of procedure. It then goes on to comment on its essential terms, offering various jurisdictions’ perspectives of those terms. Both market standards and alternative approaches (which are common practice) are addressed. Finally, national formulation proposals for the modules of a contract are laid out on the basis of a term sheet. Its rigorous, authoritative examination makes it required reading for all practising in the field of partnership law.

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Book SynopsisThis article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law. CETA has been called a game-changer. In the investment chapter, it has introduced a number of key innovations, including; - the investment court system with an appellate tribunal, - guidelines on third party funding, - transparency and information sharing, - modern versions of standards of protection, and - detailed provisions on reservations and exceptions. Considering that the new dispute resolution provisions in this chapter have also passed the scrutiny of the Court of Justice of the European Union, it is expected that CETA’s investment chapter will serve as a blueprint for future EU investment agreements and so a full understanding of this, offered by this useful Commentary, is essential for lawyers.Table of ContentsAn Overview of the CETA – Investment Chapter (Chapter 8) Article 8.1 Definitions Article 8.2 Scope Article 8.3 Relation to other chapters Article 8.4 Market Access Article 8.5 Performance Requirements Article 8.6 National treatment Article 8.7 Most-favoured-nation treatment Article 8.8 Senior management and boards of directors Article 8.9 Investment and Regulatory Measures Article 8.10 Treatment of Investors and of Covered Investments Article 8.11 Compensation for losses Article 8.12 Expropriation Article 8.13 Transfers Article 8.14 Subrogation Article 8.15 Reservations and Exceptions Article 8.16 Denial of benefits Article 8.17 Formal Requirements Article 8.18 CETA (Scope) Article 8.19 Consultations Article 8.20 Mediation Article 8.21 Determination of the respondent for disputes with the European Union or its Member States Article 8.22 Procedural and Other Requirements for the Submission of a Claim to the Tribunal Article 8.23 Submission of a Claim to the Tribunal Article 8.24 Proceedings under another international agreement Article 8.25 Consent to the settlement of the dispute by the Tribunal Article 8.26 Third party Funding Article 8.27 Constitution of the Tribunal Article 8.28 Appellate Tribunal Article 8.29 Establishment of a multilateral investment tribunal and appellate mechanism Article 8.30 Ethics Article 8.31 Applicable law and interpretation Julian Scheu Article 8.32 Claims manifestly without legal merit Article 8.33 Claims unfounded as a matter of law Article 8.34 Interim Measures Article 8.35 Discontinuance Article 8.36 Transparency of proceedings Article 8.37 Information sharing Article 8.38 Non-Disputing Party Article 8.39 Final Award Article 8.40 Indemnification or other compensation Article 8.41 Enforcement of Awards Article 8.42 Role of the Parties Article 8.43 Consolidation Article 8.44 Committee on Services and Investment Article 8.45 Exclusion

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Book SynopsisThis book provides a critical socio-legal study that brings together the latest scholarly advances on corporate social responsibility, and, at the same time, addresses the pressing issue of corporate liability for harmful acts across the supply and production chains. Corporations have seldom been held responsible and virtually never liable for the acts of their subsidiaries and subcontractors. Actors as different as workers, investors, individual consumers, and shareholder activists claim that corporations should accept greater responsibility for communities and environments affected by their activities. The book argues that a global value chain’s head corporations remain immune to any liability because of the ‘economically dependent-legally independent’ relationships between core corporations and their periphery suppliers and subcontractors. To tackle this problem, globally, the author acknowledges that ‘we’ as a society need to reduce the economic dependence as described above – which is far too excessive – by ensuring a level playing field both economically and socially. More concretely, she argues that in order to realise transnational corporate liability, ‘we’ as lawyers need to find a way (or ways) to establish legally effective relationships between head corporations and their economically dependent entities. Readers of this book will be able to export the concept of corporate social liability, developed in the context of value chains, and apply it to other contexts involving corporate activities where they need to tackle unrestrained corporate freedom and make global businesses responsible and socially useful.Trade ReviewA thought-provoking book … Beyond its legal reach, the book, written in the midst of an unprecedented public health and socio-economic crisis, provides a perceptive account of our society’s dominant values and contributes to paving the way towards a mindful and sustainable recovery from the pandemic. -- Claudia Pharaon, Leiden University * International and Comparative Law Quarterly *This book is a sophisticated addition to what Socio-Legal Studies has to offer to the formulation of legal policy towards the harmful effects of TNCs. It very interestingly suggests the gains in theory and policy that may be made from giving GSCs, so far largely a feature of business literature, such prominence in legal discussion. -- David Campbell, Lancaster University * Frontiers of Socio-Legal Studies *This book is a very welcome contribution to business and human rights and one which scholars and practitioners in the field will no doubt find useful. The book provides us with an impressive and critical survey of legal tools already available to combat corporate irresponsibility, as well as the social and historical context through which GVCs emerged. -- Marisa McVey, Queen’s University, Belfast * Business and Human Rights Journal *This is an important book. Anna Aseeva's study of corporate social liability brings together comparative legal scholarship with a socio-legal assessment of the ways in which corporate responsibility for societal issues is regulated across global value chains. She demonstrates that we, as lawyers, can influence corporations' behaviour if we look beyond legal liability and acknowledge the ex ante effects of norms. * Vanessa Mak, Chair in Civil Law, Leiden University, the Netherlands *Aseeva deftly examines the shortcomings of existing soft and hard law for preventing and addressing environmental, human rights and other social harms of business conducted through GVCs and puts forward innovative ideas for filling these governance gaps. Her book is an important contribution to the literature on corporate accountability and should be required reading for Business and Human Rights scholars and students, as well as legislators concerned with the excesses of global capitalism and corporate impunity. * Penelope Simons, University of Ottawa *Table of ContentsPART I ON THE LIMITS OF LAW AND A LIMITLESS GLOBALISED MARKET 1. Introduction I. Meet Corporate Social Liability II. Why Corporate Social Liability? III. What does Corporate Social Liability Cover? IV. The Book’s Approach and Methods V. Structure of the Book 2. Setting the Stage: Corporate Responsibility in Context I. The Corporate Responsibility Debate in its Historical Context II. Ideational Context: The Impact of the Washington Consensus III. Economic Context: Centre, Semi-Periphery and Periphery of Global Value Chains IV. Organisational Context: Global Value Chain Governance V. Social Context: CSR Standards for and within Global Value Chains VI. The Advent of International Standards VII. The Many Shades of Voluntary Standards and Corporate Self-Regulation VIII. The Rise and Fall of CSR PART II THE SHORTCOMINGS OF CORPORATE RESPONSIBILITY AND OBSTACLES TO CORPORATE LIABILITY 3. National Law: Shades of Publicness in Private Regulation I. Corporate Law II. Tort Law and Contract Law III. Commercial Law 4. Post-national Law: Mandatory Disclosure, Environmental and Human Rights Due Diligence, and Supply Chain Liability I. Supranational Law II. International Law PART III CORPORATE LIABILITY IN THEORY AND PRACTICE: RECENT APPROACHES AND AN INTRODUCTION TO CORPORATE SOCIAL LIABILITY 5. Corporate Liability in International Comparison 9 I. Legislative Landscape II. Litigation Landscape 6. Analysis of Avenues for Corporate Social Liability in Global Value Chains I. Common Criteria for Founding Liability: An Overview II. Further Criteria for Founding Liability: Various Relevant Practices III. Conceptual Prospects for Corporate Social Liability in Global Value Chains PART IV PITFALLS AND THE FUTURE OF CORPORATE SOCIAL LIABILITY IN GLOBAL VALUE CHAINS 7. Liability through Judicialisation, Legalisation, and Alternative Dispute Settlement I. General Direct Liability II. A(n) (Im)Possibility of Judicial Assertiveness: A General Duty of Care for Global Value Chains III. Legalisation through Legislation: Liability Disciplines in Current French and Dutch Law IV. Transnational CSL Legalisation: Bangladesh Accord and Bangladesh Alliance V. Alternative Dispute Resolution through International Investment Arbitration VI. Enforcing Corporate Social Liability ex ante 8. The Reality and Prospects of European and International Law of Corporate Liability in Global Value Chains I. European Law II. International Business and Human Rights Framework: Guiding or Binding the Global Business? 9. On the Gap-filling Corporate Social Liability (and its Gaps) I. The Pitfalls of International Arbitration for Realising Transnational CSL II. The Limits and Opportunities of the Interface of Domestic Private Law with Public International Law III. Whither Corporate Social Liability? Conclusion: Where Do We Stand and Is There a Way Forward? I. Where Do We Stand? 3 II. The Way Forward III. Final Concluding Remarks

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Book SynopsisThis book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19Trade ReviewThe book casts a fresh light on the relationship between ultra vires conduct of public bodies and the reason underlying rights to restitution in such circumstances. It is a well-written and valuable contribution to both restitution and public law scholarship. This work is likely to be very valuable not only to academics but also to practitioners (tax and non-tax) advising on restitution claims involving national or EU public bodies. Rafal Zakrzewski British Tax Review No. 3, 2012 Williams...presents a clear and well-argued case for a public law of unjust enrichment. Her approach is thoughtful and considered covering key cases in English, French and EU law, and focuses on an area of law of particular topicality...While her argument does, as she states, remain normative, lacking case law support, she nevertheless provides a lucid and well-researched argument for reform. Williams must thus be praised for drawing together and critically appraising the leading cases in this field and for providing valuable insight into this developing area of the law. Paula Giliker European Law Review Volume 36, 2011 Unjust Enrichment and Public Law is an important contribution to this topical subject. The discussion of English law is comprehensive and well argued, and will interest both public and private lawyers. Unjust Enrichment and Public Law is a well-written and well-presented book, which does much to advance our understanding of this difficult area of law. It deserves the attention of lawyers across the public/private divide. Paul S. Davies The Law Quarterly Review Volume 127, July 2011Table of ContentsPart 1 Unjust Enrichment and Public Law in England and Wales 1-Definitions and Controversies 'RESTITUTION' OR 'UNJUST ENRICHMENT' Using the Map The Criteria for a Claim in 'Autonomous' Unjust Enrichment 'PUBLIC BODIES' AND 'PUBLIC LAW' CONCLUSION 2-Woolwich and the Creation of the Public Law Reason for Restitution THE FACTS THE BACKGROUND TO THE CLAIM A WHOLLY PRIVATE APPROACH? POTENTIAL UNJUST FACTORS AVAILABLE TO THE WOOLWICH Duress or Colore Officii Inequality No Consideration Failure of Consideration Mistake of Law TWO NEW OPTIONS FOR RECOVERY WHAT IS THE WOOLWICH UNJUST FACTOR? Illegality Incapacity Absence or failure of basis Inequality A WHOLLY PUBLIC APPROACH: COULD RESTITUTION SIMPLY BE A RESPONSE TO A PUBLIC LAW EVENT? THE SOLUTION: A HYBRID APPROACH 3-The Scope of the Public Law Reason for Restitution THE SCOPE OF THE PUBLIC LAW REASON FOR RESTITUTION: EIGHT KEY QUESTIONS Need There Have Been a Demand for the Public Law Reason for Restitution to Operate? Need There Have Been a Protest for the Public Law Reason for Restitution to Operate? To What Extent is the Public Law Reason for Restitution Overridden by Statute? What Exactly Does the Claimant Recover? Is it Always Necessary to Bring Two Separate Cases, One Action for Judicial Review and One Private Law Claim? Over What Subject Matter does the Public Law Reason for Restitution Extend? What Sort of Invalidity Triggers this Reason for Restitution? Which Kinds of Body Will Give Rise to this Reason for Restitution? THE SCOPE OF THE PUBLIC LAW UNJUST FACTOR: RESTITUTION FOR PUBLIC BODIES The 'Swaps' Cases 4-A Hierarchy of Reasons for Restitution THE ADVANTAGES OF THE PUBLIC LAW REASON FOR RESTITUTION OVER THE PRIVATE LAW UNJUST FACTORS REASONS FOR RESTITUTION AND TIME LIMITS: IS A HIERARCHY POSSIBLE? Deutsche Morgan Grenfell v IRC FURTHER ARGUMENTS AGAINST THE HIERARCHY Does Mistake Provide a Broader Ground of Recovery than the Public Law Reason for Restitution? HOW WIDE ARE THE EFFECTS OF THE PUBLIC LAW REASON FOR RESTITUTION? How Wide is the Finding of Ultra Vires? How Far does a Claim in Unjust Enrichment Extend into Consequential Loss? EVIDENCE FOR THE HIERARCHY AND THE ISSUE OF 'CLOSED' SWAPS CONCLUSION 5-Defences WHAT GENERAL IMPLICATIONS DOES THE HYBRID NATURE OF THE REASON FOR RESTITUTION HAVE FOR DEFENCES? TIME LIMITS PRIVATE LAW DEFENCES Change of Position Estoppel Bona Fide Purchase Impossibility of Counter-Restitution Submission to an Honest Claim Ultra Vires Passing On SPECIAL DEFENCES IN PUBLIC LAW UNJUST FACTOR CASES Fiscal Disruption The Law Commission's 'Special' Defence of Exhaustion of the Statutory Mechanism Prospective Overruling CONCLUSIONS AND FURTHER IMPLICATIONS Part 1 Conclusions and further implications Part 2 Unjust Enrichment and Public Law in France 6-Public Body Unjust Enrichment Claims in France; Lessons for England and Wales THE PUBLIC/PRIVATE DIVIDE IN FRANCE THE FRENCH LAW OF UNJUST ENRICHMENT Enrichissement Sans Cause Repetition de l'indu Gestion d'affaires ENRICHMENT WITHOUT CAUSE AND PUBLIC BODIES Quasi-Contracts are Automatically Adjusted in their Application to Public Bodies If Courts Have to Choose Between Two Events, Both of which are Actually Relevant to the Basis of the Claim, Some Courts Will Choose One, and Others the Other As well as Adjusting its Quasi-Contracts to Take Account of Public Bodies, French Law Also Distinguishes between Public Law Rules and Public Law Procedure, so that even within the Private Procedure Adjustments can be Made to Take Account of the Public Nature of one of the Parties to the Claim The 'Absence of Cause' Approach does not Necessarily Provide a Better Solution for Public Body Enrichment Cases The Need to Accommodate Public Bodies in Private Claims has a Tendency to Change the Rules of Private Law Itself CONCLUSION Part 3 Unjust Enrichment and Public Law in the European Union 7-Unjust Enrichment and the EU Institutions AN EU LAW OF UNJUST ENRICHMENT? UNJUST ENRICHMENT AS A GENERAL PRINCIPLE OF EU LAW Staff Cases Annulment Cases Three Party Cases UNJUST ENRICHMENT: ONLY A 'GENERAL PRINCIPLE' OF EU LAW CONCLUSION 8-Unjust Enrichment in National and European Law, and the 'Remedies' Jurisprudence of the ECJ HISTORICAL DEVELOPMENT OF THE RELEVANT EUROPEAN UNION LAW THE MEMBER STATE/EU DIVIDE: REMEDIES IN NATIONAL COURTS FOR BREACH OF EUROPEAN LAW The Principles of National Procedural Autonomy, Equivalence and Effectiveness, and the Three Phases of the ECJ's Case Law UNJUST ENRICHMENT AND ULTRA VIRES IN NATIONAL AND EU LAW; TWO DIFFERENT MODELS FOR ANALYSING THE DIVISION OF LABOUR BETWEEN THE MEMBER STATES AND THE EU Two important factors against Model 2 Cases in which a Member State or a National Intervention Agency Levies Money in Contravention of EU Law Cases in which an NIA or the EU Pays Out Money in Breach of EU Law which it then Seeks to Recover IS THERE AN EU LAW 'EVENT' OF ULTRA VIRES IN CASES INVOLVING BOTH EU AND NATIONAL LAW? CONCLUSION-THE IMPACT OF EU LAW ON NATIONAL UNJUST ENRICHMENT CLAIMS INVOLVING PUBLIC BODIES

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Book SynopsisDer Urheber hat das Recht "sein Werk" "zu verwerten“. Umfasst dieses Recht neben Nutzungshandlungen an identischen Gestaltungen auch solche an veränderten Gestaltungen? Welche Tatbestandsmerkmale in den Verwertungsrechten entscheiden darüber? Und wie sind sie auszulegen? Moritz Finke untersucht den Normtext der deutschen sowie europäische Verwertungsrechte. Dabei schlägt er eine Auslegung des Regelungsumfangs der Verwertungsrechte vor, die hinsichtlich der Verwertung veränderter Gestaltungen maßgeblich vom ontologischen Verständnis des Merkmals "Werk" abhängt und einem darauf aufbauenden Konzept, wann jemand Urheber eines "Werkes" ist. Auf dieser Basis diskutiert er, welche Entität in den Verwertungsrechten mit dem "Werk" eines Urhebers gemeint ist. Daneben werden auch Rechtsfolgen und Systematik der Verwertungsrechte an veränderten Gestaltungen untersucht.

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Book SynopsisThe Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.Trade Review“Reviewing this book from a practitioner perspective, it does focus on areas of law, policy, response, and responsibility … I find this book to be an all-embracing one on the subject of Criminal and Financial Law that is, a ‘must have and read’ for all involved in this subject of enquiry.” (David M.J. Graves, Policing, August 11, 2018)“A prime goal behind The Palgrave Handbook of Criminal and Terrorism Financing Law is to seek to understand legal structures and measures in the context of practice. … Their valuable insights are reflected in the book. … The Palgrave Handbook of Criminal and Terrorism Financing Law delivers original, theoretically informed, and well-referenced analysis, which is accessible to both practitioners and scholars alike in multiple jurisdictions.” (Scriptable, rtreview.org, Issue 27, July, 2018)Table of ContentsPt I INTRODUCTORY SECTION.- 1. Criminal and Terrorism Financing Law; Clive Walker, Colin King, and Jimmy Gurulé.- Pt II ANTI-MONEY LAUNDERING.- 2. Anti-Money Laundering; Colin King.- 3. The Global AML Regime; Dr Maria Bergstrom, Uppsalla University.- 4. Globalisation, Money Laundering and the City of London; Prof. Leila Simona Talani, Kings College London.- 5. The Production of Suspicion in Retail Banking; Dr Vanessa Iafolla, University of Alberta.- 6. Money Laundering, Anti-Money Laundering and the Legal Profession; Dr Katie Benson, University of Manchester.- 7. Cash, Crime and Anti-Money Laundering; Dr Michele Riccardi, Transcrime and Prof Mike Levi, Cardiff.- 8. Money Laundering in a Virtual World; Dr Clare Chambers-Jones, UWE.- 9. A Bit(coin) of a Problem for the EU AML Framework; Dr Mo Egan, Stirling University.- 10. ‘Fake Passports’ Kenneth Murray, Police Scotland.- 11. De-risking; Vijaya Ramachandran, Matthew Collin, and Matt Juden, Center for Global Development.- 12. Punishing Banks, Their Clients, and Their Clients’ Clients; Prof. Mike Levi, Cardiff University.-13. A Critical Analysis of the Effectiveness of Anti Money Laundering Measures with Reference to Australia; Prof David Chaikin, Business School, University of Sydney.- 14. The Effectiveness of Anti Money Laundering Policy; Dr Joras Ferwerda, Utrecht.- 15. A 'Risky' Risk Approach; Prof Petrus van Duyne, Tilburg; Prof Jackie Harvey, Northumbria, and Dr Liliya Gelemerova.- Pt III ASSET RECOVERY.- 16. Asset Recovery; Colin King.- 17. Mutual Recognition and Confiscation of Assets; Prof. Anna Maria Maugeri, Catania, Italy.- 18. Asset Forfeiture in the US; Stef Cassella.- 19. Post-Conviction Confiscation in England and Wales; Judge Michael Hopmeier and Alex Mills.- 20. Disproportionality in Asset Recovery; Prof. Simon Young, Hong Kong.- 21. Confiscating Dirty Assets; Dr Michele Panzavolta, Leuven.- 22. Civil Recovery in England and Wales; Prof. Peter Aldridge, QMUL.- 23. An Empirical Glimpse of Civil Forfeiture Actions in Canada; Prof. Michelle Gallant, University of Manitoba.- 24. The Difficulties of Belief Evidence and Anonymity in Practice; Dr Colin King, University of Sussex.- 25. International Asset Recovery and the United Nations Convention against Corruption; Dr Dimitris Ziouvas, University of Sussex.- 26. In Pursuit of the Proceeds of Transnational Corporate Bribery; Dr Nicholas Lord, University of Manchester and Prof Mike Levi, Cardiff.- 27. In Search of Transnational Financial Intelligence; Dr Anthony Amicelle, University of Montreal and Dr Killian Chaudieu, University of Lausanne.- 28. Taxing Crime; Dr Ray Friel and Prof Shane Kilcommins, University of Limerick.- 29. The Disposal of Confiscated Assets in the EU Member States; Dr Barbara Vettori, University of Milan.- Pt IV COUNTER-TERRORISM FINANCING.- 30. Counter-Terrorism Financing; Clive Walker.- 31. A Finance/Security Assemblage; Prof. Marieke de Goede, Amsterdam.- 32. The Financial War on Terrorism; Professor Nicholas Ryder, Rachel Thomas and Georgina Webb, UWE, Bristol.- 33. Legal and Regulatory Approaches to Counter Terrorism Financing; Dr Christopher Michaelsen, UNSW and Doron Goldbarsht, UNSW.- 34. Examining the Efficacy of Canada's Anti-Terrorist Financing Laws; Prof. Anita Anand, University of Toronto.- 35. Ten Years of the EU’s Fight against CTF; Dr Oldrich Bures, Metropolitan University Prague.- 36. The United Nations Security Council Sanctions Regime against the Financing of Terrorism; Cathleen Powell, Cape Town.- 37. The Intersection of AML/SFT and Security Council Sanctions; Prof. Kimberley Prost, ex-UN Ombudsperson.- 38. Sanctions in Armed Conflict; Dr Luca Pantaleo, Asser Institute, Amsterdam.- 39. Applying Social Network Analysis to Terrorist Financing; Prof Christian Leuprecht, Royal Military College of Canada + Oliver Walther, University of Southern Denmark.- 40. Criminal Prosecutions for Terrorism Financing in the UK; Nasir Hafezi, Karen Jones, and Clive Walker.- 41. The Failure to Prosecute ISIS’s Foreign Financiers under the Material Support Statute; Prof. Jimmy Gurule, Notre Dame, Indiana and Sabina Danek.- 42. Informal Money Exchange Regulation; Dr Karen Cooper, JMUL.-43. Responding to Money Transfers by Foreign Terrorist Fighters; Duncan DeVille, Western Union and Daniel Pearson.- 44. Terrorism Financing and the Policing of Charities; Prof. Clive Walker, Leeds.- 45. Regulating Charitable Giving in Malaysia; Dr Zaiton Hamin, UiTM, Kuala Lumpur46. Kidnap and Terrorism Financing; Prof Yvonne Dutton, Indiana.- 47. The Illicit Antiquities Trade and Terrorism Financing; Mark Vlasic, Georgetown University Law Center and Jeffrey Paul DeSousa

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