Legal Aspects of Globalisation:Conflicts of Laws, Internet, Capital Markets and Insolvency in a Global Economy

Legal Aspects of Globalisation:Conflicts of Laws, Internet, Capital Markets and Insolvency in a Global Economy
Author: Jurgen Basedow
Publisher: Kluwer Law International B.V.
Total Pages: 246
Release: 2000-01-26
Genre: Law
ISBN: 9041113320

The phenomenon of increased interconnectedness of the world's societies, generally referred to as `globalisation', is not only changing our everyday life, it also influences the legal framework we are living in. The challenges brought about by this process are especially great in fields of law which are by their very nature international such as Private International Law, the Law of Capital Markets, International Insolvency Law or the Law of the Internet. Can, for example, established conflict-of-law rules survive in a globalised world? What options exist for regulating capital markets in the era of globalisation? Are national laws on international insolvencies prepared for the increasing number of cross-border insolvency proceedings or does the UNCITRAL Model Law on Cross-Border Insolvency show the way? How can national or international legislators react to the new forms of torts and copyright infringements via the World Wide Web? These are some of the questions which eminent scholars from Japan and Germany try to answer in this volume. All essays are based on contributions to a symposium which took place in Fukuoka, Japan, on 28-29 March, 1999.

Law and Development in East and South-East Asia

Law and Development in East and South-East Asia
Author: Christoph Antons
Publisher: Routledge
Total Pages: 401
Release: 2005-10-05
Genre: Law
ISBN: 1135795851

During the 1980s and 1990s Asian 'developmental states' attracted much attention in political science and economics literature, but the role of law in the economic development was neglected. It was only after the Asian crisis of 1997 that many analysts began to focus on a lack of regulation and transparency as a major factor triggering the crisis. The crucial questions now are how successful the current reforms will be, and which features of the Asian approach to commercial law will be resistant to reform pressures. This book examines the prospects for commercial law reform in Asia, giving particular attention to Japan and Singapore, as frequently cited role models for Asian developmentalism, and also examining development related business laws in countries such as China, Korea, Indonesia, Malaysia, Vietnam and the Philippines.

Globalization and Corporate Governance in Developing Countries

Globalization and Corporate Governance in Developing Countries
Author: Boniface Ahunwan
Publisher: BRILL
Total Pages: 301
Release: 2021-09-06
Genre: Business & Economics
ISBN: 9004480293

Globalization and Corporate Governance in Developing Countries provides a clear-eyed analysis of the effects of the global economy on developing countries, which often face an up-hill battle when they opt to compete in a global market. Listing on a foreign exchange alone can be daunting, because it means following the home rules as well as a different set of stringent rules and elevated cost required by the listing exchange. Within this context, the question of cost-effectiveness, the desirability of possible changes to the company and tangible benefits are raised. The effects of globalization clearly travel a two-way street. Is harmonization possible and sensible? This book weighs options and poses questions within a balanced assessment of new economic reality. This volume is in the International Law and Development Series edited by Professor Raj Bhala. Published under the Transnational Publishers imprint.

International Cooperation in Bankruptcy and Insolvency Matters

International Cooperation in Bankruptcy and Insolvency Matters
Author: Bob Wessels
Publisher: Oxford University Press
Total Pages: 285
Release: 2009
Genre: Law
ISBN: 0195340175

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Chinese Private International Law

Chinese Private International Law
Author: Xiaohong Liu
Publisher: Bloomsbury Publishing
Total Pages: 357
Release: 2021-04-22
Genre: Law
ISBN: 1509924396

Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.

Electronic Commerce and International Private Law

Electronic Commerce and International Private Law
Author: Lorna E. Gillies
Publisher: Routledge
Total Pages: 289
Release: 2016-04-29
Genre: Business & Economics
ISBN: 1317145232

Electronic Commerce and International Private Law examines the maximization of consumer protection via the consumer's jurisdiction and law. It discusses the proposition that a new connecting factor be used to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations as to how to amend existing jurisdiction and choice of law rules to provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply. The book will be a valuable resource for academics, students and practitioners working in the areas of international private law, electronic commerce law and consumer law.

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 31
Release: 2022-01-27
Genre:
ISBN: 1616358750

This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Elgar Encyclopedia of Comparative Law

Elgar Encyclopedia of Comparative Law
Author: J. M. Smits
Publisher: Edward Elgar Publishing
Total Pages: 841
Release: 2006
Genre: Law
ISBN: 1847200206

This is a very important and immense book. . . Single-handedly, Smits has reviewed and checked this immense work to bring it to its final high standard in quality and accuracy and selection of laws. The Criminal Lawyer This is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar s. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library. Sally Ramage, The Criminal Lawyer The entries are written in a lucid and accessible style, with appropriate references being given for further research. All in all, a substantial work which will delight enthusiasts of comparative law. The Commonwealth Lawyer The breadth of topics plus the bibliographies allows a reader to use the Elgar Encyclopedia as an initial entry into a field of law, a specific topic, or a legal system. . . Any law library, business library, large public library, or academic library supporting the study of international law or international business will want to have [it] in its collection. . . This work is highly recommended. Ladyjane Hickey, American Reference Books Annual Comparative law is the comparison of law and legal systems from around the world. At one time it was a field of limited interest and academic participation. However, increasing globalization, whether of commerce or culture, makes it imperative that citizens learn more about the law of other countries. That is the premise of this comprehensive new research tool designed for general readers. Some 70 articles address topics as diverse as accident compensation, legal culture, the European Civil Code, and the law and legal systems of a selected set of nations. . . This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended. Lower-level undergraduates and above; general readers. J.E. Stephens, Choice The timely publication of this encyclopedia reflects what is happening [in international law] and, in a field where works (even student textbooks) are often expensive, it comes at an attractive price. Stuart Hannabuss, Reference Reviews The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. Edited by Professor Jan Smits of Maastricht University the Encyclopedia is the work of an extremely strong international team of noted specialists. Comprising articles on the nature, methodology and focus of comparative law, on the legal systems of particular jurisdictions and on matters of substantive law, the work should be a very significant contribution to the literature. It seems likely that the contributions on the comparative state of affairs in particular fields of substantive law will be an especially valuable aspect of the work. There will be 37 such articles from accident compensation to unjustified enrichment with mistake , personality rights , product liability and transfer of moveable property only a sample of what the work will offer. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. I have little doubt that I can speak for the worldwide community of comparative lawyers in saying that the Elgar Encyclopedia of Comparative Law is eagerly awaited. David L. Carey Miller, University of Aberdeen, UK Comparative law is moving swiftly from a long infancy to teenage maturity, and Jan Smits provides the essential tonic. In this outstanding work he has gathered together leading scholars, each his/her o

International Law

International Law
Author: Sanford Silverburg
Publisher: Routledge
Total Pages: 590
Release: 2018-04-19
Genre: Political Science
ISBN: 0429979347

This book offers diverse, multinational perspectives on traditional and emergent issues in the practice and study of international law. It deals with the evolving foundations of international law and covers a wide range of issues that link international politics to international law.

Austrian Review of International and European Law 2001

Austrian Review of International and European Law 2001
Author: Gerhard Loibl
Publisher: Martinus Nijhoff Publishers
Total Pages: 496
Release: 2003-01-01
Genre: Law
ISBN: 9789041121103

The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of public international and European law, with particular emphasis on topics of special interest for Austria. Its analytical articles focus on theoretical questions, current developments, and emerging tendencies in all areas of the field, including detailed reviews of relevant recent literature. Issues of human rights law and the law of international organisations are also covered. An important integral element of the Review is its digest of Austrian practice in public international law, encompassing both executive and judicial developments. The editorial board and advisory board comprise scholars and practitioners in public international and European law, ensuring that the Review adequately reflects the interrelationships between current developments and the continuing evolution of this important area of legal theory and practice.