Книги издательства Oxford University Press
Жанр: Oxford University Press
Год: 2005
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- The first book to focus solely on this subject — A detailed and concise guide to a very complex area of company law — Gives clarity to existing legislation — Minimises risk of advising on this difficult area where clients might suffer criminal sanctions — Includes a section of case summaries of key cases vital to interpretation of the legislation — Problem areas are tackled and solved — Written by leading experts in the field This is a practical guide to the subject of financial assistance for the acquisition of shares, in which the authors give a detailed analysis of the current legislation and a critical review of the relevant case law. Financial assistance is a complex, technical and highly regulated aspect of company law, and mistakes have serious civil consequences and criminal sanctions. This book assists practitioners with the interpretation of this difficult area of law and allows them to advise with confidence. Financial assistance is one of the most challenging areas of company law. It is renowned for causing practical difficulties and for the risk involved of giving advice on this area. This book seeks to interpret the position of financial assistance by close reference to the statutory material and abundant case law. Part I deals with the derivation of the legislation and sets out the legislation verbatim with a commentary thereon. Part II contains further analysis of the component parts of the prohibition on the giving of financial assistance. Part III offers factual and critical analysis of some of the most significant cases on this area of the law. The relevant cases will also be cited in Part I and II.
Жанр: Oxford University Press
Год: 2006
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- The only book of its kind to provide a comprehensive treatment of financial markets and regulation in Hong Kong. — Covers key features of the recent Securities and Futures Ordinance in a practical and applied context — Helpful explanations provide the necessary context to understand how Hong Kong's financial markets and regulation differ from those in other major financial centres — Offers in-depth analysis from a team of respected professionals in this area Financial Markets in Hong Kong: Law and Practice is an essential text for anyone working in the financial markets in Hong Kong. The book, written by a team of market professionals and academics associated with the Asian Institute of International Financial Law of the University of Hong Kong, provides a comprehensive review of the regulation of Hong Kong's financial markets As Hong Kong is one of Asia's leading financial centres and the key international financial centre servicing China, the topic is essential to those working in these markets. Owing in part to its complex history, the financial market in Hong Kong is addressed by a wide range of laws and regulations, with a variety of idiosyncracies. The book covers the following topics: the financial regulatory system in Hong Kong; regulation of financial institutions and financial products (including listing and derivatives); regulation of corporate and market conduct (including corporate governance, mergers and acquisitions and market misconduct); and the role of Hong Kong in Chinese and international financial markets. This is the only book to comprehensively explain the current regulatory framework of Hong Kong, from first principles to looking at transactions in context of the developing China nexus. The book covers a wide range of laws and regulations affecting practice in these areas, including in particular: Companies Ordinance; Banking Ordinance; Securities and Futures Ordinance and related subsidiary legislation; Exchange Listing Rules; Takeovers Code, Insurance Ordinance; as well as various other Ordinances and applicable common law and market practices.
Жанр: Oxford University Press
Год: 2006
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- Draws upon the author's own experience in litigation to provide real practical advice — Thematic approach provides a readable and easy to navigate book. — Explains the relevant processes and highlights emerging principles from current case law. — Contains extensive cross-referencing to secondary legislation and summaries of the rules contained within the FSA Handbook and relevant statutory instruments — Includes up-to-date case law (such as a discussion of the Legal & General litigation) as well as recent changes in the FSA's procedures Appendix containing the principal statutory provisions discussed in the bookprovides the reader with a self-contained manual on the topics addressed within it Financial Services: Authorisation, Supervision and Enforcement provides litigators and compliance advisers with an understanding of the powers available to the Financial Services Authority in the context of the regulatory regime established under the Financial Services and Markets Act 2000. It also clearly sets out the processes for authorisation and examines the meaning of 'regulated activity'. The text comprehensively explains the investigatory powers, sanctions and remedies available to the FSA, and the procedures applicable to their exercise, giving invaluable assistance to those advising and representing firms in proceedings involving the FSA. All such proceedings are considered, whether they take the form of an FSA investigation, disciplinary proceedings involving the Regulatory Decisions Committee or the Financial Services and Markets Act Tribunal, civil proceedings in the High Court, or a criminal prosecution. Russen not only makes extensive reference to the detailed provisions of the FSA Handbook, but also addresses, where appropriate, particular issues of practice and procedure that are likely to have an impact upon FSA investigations and any civil or criminal proceedings instituted by the FSA. In addition to its detailed treatment of the procedure governing action and litigation by the FSA, the book contains chapters on the authorisation process and on the substantive law (including complex secondary legislation) relating to money laundering, market abuse and financial promotions. Each of these areas is at the heart of the FSA's role as the single regulator of the financial markets in the UK and has been the subject of recent and substantial change both internally and as result of European developments. The powers of the FSA and the procedures relating to enforcement and litigation in this area are examined in the context of the authorisation rules and ways in which authorised entities may commit regulatory offences.
Жанр: Oxford University Press
Год: 2006
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- Comprehensive treatment of all the basic fields of private law: property, tort, contract and unjust enrichment allowing these fields to be seen as parts of a unified subject — Shows how the history of the common law and civil law are related and how modern law depends on developments in the past — Brings insights from a background in philosophy to the analysis Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Название: The General Principles of EU Law
Жанр: Oxford University Press
Год: 2006
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- Fully revised and updated, including coverage of the nascent EU Constitution — Systematic analysis of case law in areas not covered by other books e.g. on the principle of non-discrimination, the scope of application of human rights jurisdiction of the ECJ, and the rules governing remedies for protection of Community rights in national courts — Detailed analysis of State and Community liability in damages New to this edition — Analysis of the draft EU Constitution — The EU Charter on Fundamental Rights and the principle on abuse of rights — The principles of primacy, subsidiarity, attribution of competences, and democracy The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EC Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.
Жанр: Oxford University Press
Год: 2010
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A bilingual English-German edition of the new act that radically changes German Anti-Trust Law
Название: Hating America: A History
Жанр: Oxford University Press
Год: 2006
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In the early twenty-first century, the world has been seized by one of the most intense periods of anti-Americanism in history. Reviled as an imperialist power, an exporter of destructive capitalism, an arrogant crusader against Islam, and a rapacious over-consumer casually destroying the planet, it seems that the United States of America has rarely been less esteemed in the eyes of the world. In such an environment, one can easily overlook the fact that people from other countries have, in fact, been hating America for centuries. Going back to the day of Thomas Jefferson and Ben Franklin, Americans have long been on the defensive. Barry Rubin and Judith Colp Rubin here draw on sources from a wide range of countries to track the entire trajectory of anti-Americanism. Most significantly, they identify how anti-Americanism evolved over time. In the 18th century, the newfound land was considered too wild and barbaric to support human society. No one, the argument went, could actually live there. Animals brought from Europe, one French commentator claimed, shrunk in size and power. Native Americans too were «small and feeble,» lacking «body hair, beard and ardor for his female.» The very land itself was «permeated with moist and poisonous vapors, unable to give proper nourishment except to snakes and insects.» This opinion prevailed through most of the 19th century, with Keats even invoking the lack of nightingales as symptomatic of just how unlovely and unlivable a place this America was. As the young nation came together at the beginning of the twentieth century and could no longer be easily dismissed as a failure, its very success became cause for suspicion. The American model of populist democracy, the rise of mass culture, the spread of industrialization-all confirmed that America was now a viral threat that could destabilize the established order in Europe. After the paroxysm of World War II, the worst fears of anti-Americanists were realized as the United States became one of the two most powerful nations in the world. Then, with the collapse of the Soviet Union, America became the sole superpower it is today, and the object of global suspicion and scorn. With this powerful work, the Rubins trace the paradox that is America, a country that is both the most reviled and most envied land on earth. In the end, they demonstrate, anti-Americanism has often been a visceral response to the very idea-as well as both the ideals and policies--of America itself, its aggressive innovation, its self-confidence, and the challenge it poses to alternative ideologies.
Название: History of the Federal Courts
Жанр: Oxford University Press
Год: 2006
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Detailed analysis of the metamorphosis of this complex court system New to this edition This new edition features an extensive historical legal bibliography.
Название: A History of Water Rights at Common Law
Жанр: Oxford University Press
Год: 2006
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- Exhaustive and detailed history of the doctrinal evolution of water law — Investigates the links between law and economic development with detailed attention to legal concepts and to the history of industrialization Water resources were central to England's precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters. The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled. Water law stands as a refutation of the still-common belief that English and European law parted ways irreversibly in the twelfth century. Getzler also describes the economic as well as the legal history of water use from early times, and examines the classical problem of the relationship between law and economic development. He suggests that water law was shaped both by the impact of technological innovations and by economic ideology, but above all by legalism.
Жанр: Oxford University Press
Год: 2006
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- Includes interdisciplinary analysis and comparative material — The author brings to bear experience and insight from many years as Solicitor General, and former MP for Dudley North — This book complements one of the author's previous books: Law, Government and Public Policy (Melbourne, OUP, 1987) — The book strikes a middle ground between description and analysis making it accessible to a wide audience — The author's values-based approach to civil procedure makes it relevant for readers in the human rights/post-colonialism fields Access to justice, equality before the law, and the rule of law are three fundamental values underpinning the civil justice system. This book examines these values and how, although they do not have great leverage in decision making by the courts, they are a crucial foundation of the civil justice system and a powerful argument for arrangements such as legal aid, the impartial application of law, and the independence of the judiciary. The second theme of this book concerns the role of procedure, often regarded as of secondary importance compared with substantive law. Taking the definition of procedure at its widest, the book discusses Lord Woolf's Inquiry, and demonstrates how procedural reform can maximize a fundamental value like access to justice. This linkage is furthered in a later analysis of access to justice comparatively, in relation to civil and commercial law. Thirdly, the book looks at understanding how law works, and how it could be made to work better, and concludes that this demands both a knowledge of law and of law's context. This theme offers a framework for the book, which then goes on to deal with the machinery of the law, and discusses what the courts do, civil procedure, and the ethics of lawyer's conduct, all in relation to the broader context of access to justice. This broader context of the law is particularly prominent in the latter half of the book which deals with various dimensions of the impact of the law. Including studies of civil and social rights in practice, the role of European law in the destruction of Aboriginal society in Australia, and commercial law in Asia, these examples raise issues about the gap between the law and reality, the potential law has to destroy social patterns, and the relationship between law and economic development. This is a thought-provoking, critical exploration which has much to offer those interested in the operation of the civil justice system.
Жанр: Oxford University Press
Год: 2005
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- Human rights conditionality is politically controversial, giving the book a wide readership potential with NGO's for policy research — Comparative reference made between EU and US law and policy — Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusions have major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.
Жанр: Oxford University Press
Год: 2006
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The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World Trade Organization, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Жанр: Oxford University Press
Год: 2006
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- The most comprehensive attempt so far to apply human rights obligations to non-state entities Puts forward innovative new arguments for the legal accountability of non-state actors — Tackles the latest legal controversies concerning the behaviour of multinationals and their involvement in human rights violations in countries such as Myanmar and Nigeria — Includes the criminalization of terrorism and war crimes committed by rebel groups The threats to human rights posed by non-state actors are of increasing concern. Human rights activists increasingly address the activity of multinational corporations, the policies of international organizations such as the World Bank and the World trade Organisation, and international crimes committed by entities such as armed opposition groups and terrorists. This book presents an approach to human rights that goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. Furthermore, it addresses some of the ways in which these entities can be held legally accountable for their actions in various jurisdictions. The political debate concerning the appropriateness of expanding human rights scrutiny to non-state actors is discussed and dissected. For some, extending human rights into these spheres trivializes human rights and allows abusive governments to distract us from ongoing violations. For others such an extension is essential if human rights are properly to address the current concerns of women and workers. The main focus of the book, however, is on the legal obligations of non-state actors. The book discusses how developments in the fields of international responsibility and international criminal law have implications for building a framework for the human rights obligations of non-state actors in international law. In turn these international developments have drawn on the changing ways in which human rights are implemented in national law. A selection of national jurisdictions, including the United States, South Africa and the United Kingdom are examined with regard to the application of human rights law to non-state actors. The book's final part includes suggestions with regard to understanding the parameters of the human rights obligations of non-state actors. Key to understanding the legal obligations of non-state actors are concepts such as dignity and democracy. While neither concept can unravel the dilemmas involved in the application of human rights law to non-state actors, a better understanding of the tensions surrounding these concepts can help us to understand what is at stake.
Жанр: Oxford University Press
Год: 2006
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- Innovative first major study of the protection of business enterprise under the European Convention on Human Rights — Offers pathbreaking insights into the fundamental principles underpinning European human rights protection — Provides a tangent to the US constitutional debate on corporate human rights protection This book studies the response of the European Court of Human Rights, the international court that supervises governmental compliance with the European Convention on Human Rights (ECHR), to complaints submitted to it by companies and their shareholders. The protection of business vis-à-vis governmental regulation is hardly the main concern of international human rights law, yet it is not disputed that companies, and their owners, in principle enjoy protection under the ECHR. Such complaints are not unproblematic for the Court in Strasbourg, however. This book analyses the Court's reasoning in three groups of cases in which they have presented difficult issues of treaty interpretation. As the case law is streamlined in a minimalist fashion which obscures the Court's rationale, the book construes the structural framework within which the Court operates and explains how the relevant case law is largely coherent when considered against the general structure of ECHR protection. This book is the first major study of the protection of business enterprise under the European Convention on Human Rights and thus an invaluable guide to understanding how the Court in Strasbourg responds to corporate complaints. More importantly, by focusing on a field of European human rights law that is regarded by many as marginal and even objectionable, the book reveals the fundamental structures of European human rights protection, where the protection of economic activity and corporate life is regarded as inseparable from core values of the ECHR such as an effective political democracy and the rule of law.
Жанр: Oxford University Press
Год: 2006
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- Addresses one of the most controversial debates in International Relations during the past 15 years — International team of contributors, from a range of disciplines such as Law, Philosophy, and IR — Contributions from both academics and practitioners, providing a balance between IR theory and practice Should states use military force for humanitarian purposes? What are the challenges to international society posed by humanitarian intervention in a post-September 11th world? This path-breaking work brings together well-known scholars of law, philosophy, and international relations, together with practitioners who have been actively engaged in intervention during the past decade. Together, this team provides practical and theoretical answers to one of the most burning issues of our day. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations but also for Western states and humanitarian organizations.
Название: Hunted Through Central Asia
Жанр: Oxford University Press
Год: 2002
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- Thrilling tale of espionage and survival against all odds, in the tradition of Peter Hopkirk's books on Central Asia — Deals with events Peter Hopkirk discusses in The Great Game and Setting the East Ablaze — Resurgence of interest in Central Asia, its history, and its peoples — First published in 1932; reissued by popular demand 'My position was uncomfortable. Here was I, in an absolutely exposed place, with Red Guards and commissars on every side. I had very little money left and no means of transport at all.' Paul Nazaroff was the ringleader of a desperate plot to overthrow the Bolsheviks in Central Asia in 1918. He was betrayed to the Secret Police, who declared him 'the most dangerous counter-revolutionary at large in the Tashkent region'. Thus began his extraordinary catalogue of adventures, 'a long and distant odyssey which would take me right across Central Asia . . . over the Himalayas to the plains of Hindustan'. As he fled from Lenin's men, he was aided by the indigenous peoples of the region, the Kirghiz and the Sarts, whose language and culture had been steeped in since boyhood. For months he was forced to live the life of a hunted animal. Peter Hopkirk has contributed a fascinating introduction to this tale of hair-breadth 'scapes and survival against all odds, as well as an epilogue which reveals Nazaroff's later fortunes.
Жанр: Oxford University Press
Год: 2005
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- Combines philosophical, political and historical perspectives with legal analysis of indigenous issues and the ILO Conventions — The book is based on unprecedented research on official documentation and unpublished archival material — Connects the evolution of international law regarding indigenous peoples to wider normative trends, development and applied anthropology — Indigenous peoples issues are of growing importance in a number of jurisdictions eg: Latin America, Canada, United States, Australia, New Zealand, Africa and Asia Indigenous Peoples, Postcolonialism, and International Law: The ILO Regime (1919-1989) explores the historical process leading to the emergence of indigenous peoples as distinct objects of modern international law, through the activity of the International Labour Organization (ILO). The ILO is the institutional site for the two current legally binding international instruments dealing with indigenous peoples, Convention No. 107 (1957), and Convention No. 169 (1989). Based on careful research on official documentation and unpublished archival evidence, the book enquires into the origins of the ILO's historical interest in the living and working conditions of indigenous peoples, and traces this back to the organization's early concern on the conditions of life of 'native workers' in colonial territories in the inter-war period. The book connects this early concern with the organization's regional policy in the Americas, where the 'Indian problem' became a priority on the organisation's agenda. These historical processes set the ground for the adoption, a few years later, of Convention No. 107 and Recommendation No. 104, instruments that translate the main assumptions of state development policies towards indigenous groups into international law. After an examination of the origins and content of Convention No. 107, the book sheds light on the process that lead the I.L.O. to reshape its old policies into the form of Convention No. 169, the most up to date and important international treaty dealing with the rights of indigenous peoples today.
Жанр: Oxford University Press
Год: 2005
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- The only text on the Information and Consultation of Employees Regulations 2004 — Offers clear, practical guidance to this complex new area, with checklists and sample documentation — Explains the contents of the Regulations and provides advice on what they will mean for employers in practice — Includes full text of the Regulations, along with the EU Information and Consultation Directive, and the DTI guidance on the Regulations providing a one-stop shop for interested practitioners — Authored by a team at Freshfield Bruckhaus Deringer, a leading international law firm with a highly regarded employment law team A comprehensive and practical analysis of the Information and Consultation of Employees Regulations 2004. The Regulations, which come into force on a rolling basis from spring 2005, represent a fundamental and complex change to employee relations in the UK, requesting companies to set up domestic works councils and inform and consult them about a wide range of business issues. This book provides a detailed explanation of the contents of the regulations, as well as offering expert guidance on their implications for employers in practice. The text explains the operation of the new law on a mechanical level and provides expert guidance on its implications. It addresses the practical concerns and questions of those affected — when do the regulations apply; how is the information and consultation process started; how does an employer negotiate; when should a voluntary procedure be considered; what does 'information and consultation' mean; how is confidential information best treated; how will the new be procedure enforced; how does it interact with existing laws on redundancy and TUPE? The Narrative is supported by flowcharts and sample procedures, together with the full text of relevant materials (the Regulations, the Directive, and DTI guidance).
Жанр: Oxford University Press
Год: 2006
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- Explores the relationship between constitutional and regulatory questions on one hand, and private law on the other hand — Analyses the influence of regional legal traditions on the development of European private law — Argues for the preservation of national legal identities in the context of European legal and political integration, striking a difficult balance between harmonisation and differentiation. This volume explores the relationship between constitutional and regulatory questions on the one hand, and private law on the other hand, examining how European private law has developed under the influence of regional legal traditions and the EU acquis communautaire. It focuses on the multiple actors and institutions that today contribute to legal and cultural integration within a multi-level framework, involving Member States and subnational actors together with EU Institutions. It underlines the different roles of legislators, regulators and judges in building an integrated market which is consistent with fundamental rights and social policies. It also highlights the principles and institutions that may preserve national legal identities in the context of European legal and political integration, striking a difficult balance between harmonization and differentiation. Within this framework the volume questions the current boundaries of European private laws and proposes a coordinated perspective which examines competition, regulation and private law alike. The book focuses in particular on competition and consumer law, and on tort and regulation. Attention is also drawn to the strategic role to be played by private international law. It is argued that the distinction between private and public law should be redefined by acknowledging a new balance between public institutions and private parties. The collection contains several proposals for furthering the process of Europeanization of private law without losing the richness of existing western legal traditions as they have developed in previous centuries. It calls on European and national institutions to involve practitioners in devising new patterns of legal integration and in transforming European legal education. This book is an original contribution to the scholarly and policy debates about the desirability and modes of Europeanization of private law, in a context in which the pressures of globalization and of national identities seem to question the chosen path of integration.
Жанр: Oxford University Press
Год: 2006
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Expert commentary and pertinent primary source material make this a useful resource for information on protecting IP rights using the trade laws of the US.
