Economic Consequences Of Litigation Worldwide

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Economic Consequences of Litigation Worldwide

Author : Charles Platto,International Bar Association
Publisher : Kluwer Law International B.V.
Page : 454 pages
File Size : 55,9 Mb
Release : 1999-07-28
Category : Law
ISBN : 9789041110954

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Economic Consequences of Litigation Worldwide by Charles Platto,International Bar Association Pdf

In 1992, The Section on Business Law of the International Bar Association established a Task Force on Economic Consequences of Litigation Worldwide to study and report on the different civil and commercial court systems throughout the world. The purpose of the Task Force was to evaluate the problems of civil litigation and propose solutions on a global scale, based on a comparative analysis of different jurisdictions, with a particular focus on commercial litigation and the economic consequences of litigation to worldwide business. The Task Force included representatives from Asia Pacific, Canada, Europe, United Kingdom and the United States. The project was divided into three stages: Fundamentals of Commercial Litigation, Problems and Consequences, and Solutions and Proposals for Change. Economic Consequences of Litigation Worldwide is the result of six years of intensive study and effort. It includes chapters on Asia Pacific (Australia, Hong Kong, Japan, New Zealand, Singapore), Canada, Europe (Denmark, France, Germany, Holland, Italy, Norway, Portugal, Spain, Sweden, Switzerland), the United Kingdom and the United States. The book provides a practical study of the various court systems throughout the world and problems and consequences of commercial litigation, along with a thoughtful analysis of proposed solutions.

Foundations of Economic Analysis of Law

Author : Steven Shavell
Publisher : Harvard University Press
Page : 760 pages
File Size : 55,5 Mb
Release : 2009-07-01
Category : Law
ISBN : 9780674043497

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Foundations of Economic Analysis of Law by Steven Shavell Pdf

What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Global Trends 2040

Author : National Intelligence Council
Publisher : Cosimo Reports
Page : 158 pages
File Size : 55,9 Mb
Release : 2021-03
Category : Electronic
ISBN : 1646794974

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Global Trends 2040 by National Intelligence Council Pdf

"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.

Consumer Financial Dispute Resolution in a Comparative Context

Author : Shahla F. Ali
Publisher : Cambridge University Press
Page : 283 pages
File Size : 54,8 Mb
Release : 2013-03-14
Category : Business & Economics
ISBN : 9781107028715

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Consumer Financial Dispute Resolution in a Comparative Context by Shahla F. Ali Pdf

Shahla F. Ali presents comparative empirical research about the design of consumer financial dispute resolution mechanisms in Asia, America and Europe.

The American Jury On Trial

Author : Saul M. Kassin,Lawrence S. Wrightsman
Publisher : Taylor & Francis
Page : 252 pages
File Size : 47,6 Mb
Release : 2013-10-08
Category : Psychology
ISBN : 9781135874650

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The American Jury On Trial by Saul M. Kassin,Lawrence S. Wrightsman Pdf

First Published in 1988. More than 3 million Americans are called for jury duty every year. For most people, serving on a jury arouses two feelings: it is both a personal sacrifice and an exciting experience. And where a jury is asked to decide some cases, they make headlines. As a result of trials such as these, the American system of trial by jury faces unprecedented challenges. This volume offers an informed examination of the entire process, from jury selection to the delivery of a verdict. Quoting the experiences and expertise of F. Lee Bailey, William Kunstler, Clarence Darrow, Learned Hand, and many others, ttis book investigates such important factors as pretrial bias, the psychology of evidence, inadmissible testimony, interpreting the law, and what goes on inside the jury room. People often think that any book dealing with the law must be written in ‘legalese’ but in in this book, Professors Kassin and Wrightsman present their case in an exceptionally readable style. They utilize modern advances in psychology to illuminate the usually hidden world of trial practice and procedure and offer thoughtful possibilities for improving the system.

Directors’ Liability: A Worldwide Review

Author : Alexander Loos
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 50,9 Mb
Release : 2016-09-01
Category : Law
ISBN : 9789041158529

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Directors’ Liability: A Worldwide Review by Alexander Loos Pdf

This acclaimed reference book for international business lawyers first appeared in 2006, with a second edition in 2010. Now in its third edition, and once again published in conjunction with the International Bar Association, this comparative study of a crucial issue in corporate law gives practitioners a powerful and decisive tool for ascertaining and comparing the law affecting directors’ liability in today’s globalizing economies. Covering nearly fifty jurisdictions worldwide (including eight not previously covered), the third edition affords senior lawyers in major firms the opportunity to provide concise, detailed, and easy-to-understand summaries on his or her home law on directors’ liability. Authors whose research appeared in earlier editions have updated their chapters, and the case law summarized and analysed now reflects published cases through the end of March 2016. The contributions describe the relevant law in force in each particular jurisdiction, along with an insightful discussion of trends and future prospects. For each of the different jurisdictions the authors detail and explain such factors as the following: - national legal theories of director liabilities; - recent cases dealing with directors’ liability; - corporate governance; and - indemnification and insurance. Where applicable, coverage also includes the legal implications of jurisdictional variations in such matters as judicial review, lawyer directorship, directors’ reliance on outside professionals, and the effect of the European Action Plan. References have been thoroughly updated throughout, and include many new online sources. This publication will be of enormous value to legal practitioners, whether in private practice or in the legal department of a globally active company, as a comprehensive and easy means of access to the law of foreign jurisdictions on directors’ liability.

Climate Change

Author : Oliver Christian Ruppel,Christian Roschmann,Katharina Ruppel-Schlichting
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 2013
Category : Electronic
ISBN : OCLC:1310323631

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Climate Change by Oliver Christian Ruppel,Christian Roschmann,Katharina Ruppel-Schlichting Pdf

Die zweibändige Buchpublikation ist ein erster akademischer Versuch das internationale Klimaschutzrecht auch im Zusammenhang internationaler Klimapolitik systematisch darzustellen. Internationales Klimaschutzrecht ist nicht nur ein neues Rechtsgebiet. Das Phänomen Klimawandel durchdringt öffentliches und privates Recht sowie nationales und internationales Recht in unterschiedlichster Weise. Hierbei entstehen neue Bereiche der Rechtsanwendung - sowohl formeller als auch materieller Ausprägung. In diesem Zusammenhang befasst sich die zweibändige Buchpublikation mit dem regimefragmentierten internationalen Recht und dessen vielfach überlappenden Governance-Rahmen. Gekennzeichnet durch seine Komplexität wird das internationale Klimaschutzrecht und insbesondere die Rechte und Pflichten von Staaten und internationalen Akteuren untersucht und gegenübergestellt. In zahlreichen fachübergreifenden Beiträgen internationaler Experten erörtert das Werk die unterschiedlichen Rechts- und Governance-Regime sowie angrenzende völkerrechtliche und weltpolitische Fragestellungen den Klimawandel betreffend.Der erste Band befasst sich mit internationalen Rechtsfragen und den zugrunde liegenden Rechtsinstrumenten, welche den Klimawandel - eine der größten Herausforderungen unserer Zeit - betreffen. Dabei werden u.a. folgende Schwerpunkte gesetzt: Internationaler Klimaschutz und Völkerrecht; Klimawandel und Menschenrechte; verwandte welthandelsrechtliche Fragestellungen; Seerecht und der Anstieg der Meeresspiegel; gerichtliche Überprüfbarkeit und zahlreiche angrenzende Rechtsfragen wie zum Beispiel zu folgenden Themen: Klimaeindämmungsmaßnahmen, natürliches Ressourcen-Management und Klima-Engineering.Der zweite Band beleuchtet, ausgehend von dem Rahmenübereinkommen der Vereinten Nationen über Klimaänderungen, rechtliche, politische und transdisziplinäre Fragestellungen des Klimaschutzes im Spannungsgefüge internationaler Diplomatie und globaler Governance. Die Begrenzung der fortschreitenden Erderwärmung und der Schutz von Mensch und Umwelt vor den Folgen des Klimawandels werden u.a. im Zusammenhang folgender rechtlicher und gesellschaftspolitischer Schwerpunkte untersucht: Internationale Sicherheit; nachhaltige Entwicklung; Klimamigration; und Anpassung an den Klimawandel.

Global Waves of Debt

Author : M. Ayhan Kose,Peter Nagle,Franziska Ohnsorge,Naotaka Sugawara
Publisher : World Bank Publications
Page : 403 pages
File Size : 55,9 Mb
Release : 2021-03-03
Category : Business & Economics
ISBN : 9781464815454

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Global Waves of Debt by M. Ayhan Kose,Peter Nagle,Franziska Ohnsorge,Naotaka Sugawara Pdf

The global economy has experienced four waves of rapid debt accumulation over the past 50 years. The first three debt waves ended with financial crises in many emerging market and developing economies. During the current wave, which started in 2010, the increase in debt in these economies has already been larger, faster, and broader-based than in the previous three waves. Current low interest rates mitigate some of the risks associated with high debt. However, emerging market and developing economies are also confronted by weak growth prospects, mounting vulnerabilities, and elevated global risks. A menu of policy options is available to reduce the likelihood that the current debt wave will end in crisis and, if crises do take place, will alleviate their impact.

Cost and Fee Allocation in Civil Procedure

Author : Mathias Reimann
Publisher : Springer Science & Business Media
Page : 312 pages
File Size : 40,7 Mb
Release : 2011-11-15
Category : Law
ISBN : 9789400722637

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Cost and Fee Allocation in Civil Procedure by Mathias Reimann Pdf

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information

Author : Pascal Lagesse,Mariann Norrbom
Publisher : Kluwer Law International B.V.
Page : 270 pages
File Size : 53,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125460

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Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information by Pascal Lagesse,Mariann Norrbom Pdf

The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

FIDIC

Author : Wilfred Abraham,Maria Isabel De Almeida Alvarenga
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 48,6 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789041123237

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FIDIC by Wilfred Abraham,Maria Isabel De Almeida Alvarenga Pdf

In this unique guide to the suite of contracts published by FIDIC (The International Federation of Consulting Engineers) - the contract forms most widely used for international construction undertakings - twenty-two outstanding authorities in construction law from a wide variety of countries, describe relevant likely pitfalls (and special opportunities) for foreign lawyers in each of their jurisdictions. This very useful book will be extremely welcome to in-house counsel who must evaluate the legal disposition of a proposed or pending construction contract subject to the laws of a foreign jurisdiction. It will continue to be of service as long as the project proceeds and beyond, particularly for the optimal resolution of disputes.

Social Media and Employment Law: An International Survey

Author : Anders Etgen Reitz,Jan Rudolph
Publisher : Kluwer Law International B.V.
Page : 578 pages
File Size : 41,9 Mb
Release : 2015-09-23
Category : Law
ISBN : 9789041168252

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Social Media and Employment Law: An International Survey by Anders Etgen Reitz,Jan Rudolph Pdf

In the last few years, social media has become the primary way of communicating, not only among friends and colleagues but also between employers and employees and between companies and consumers. For employers, the phenomenon offers great opportunities, but also concomitant dangers due primarily to use of social media by employees and employees' representatives. Written in the context of employment laws as well as privacy laws, this book surveys the state of the law in over thirty key jurisdictions, including most of the developed countries of Europe, Asia, and North America and major developing countries worldwide. The publication arose from a seminar prepared by the editors and others at which it was clearly identified that internationally operating employers need a comprehensive and user-friendly multinational summary on employment and labour law questions arising in connection with the use of social media. The book is divided into country chapters, each written by a known local specialist. In order to easily 'navigate' through the issues for each country, the chapters follow a uniform structure, covering the applicable statutory regimes, case law, useful checklists, and recommendations. Among the issues and topics dealt with are the following: - employees' entitlement to use social media at the workplace; - whether employers can require the use of social media by employees; - right of employers to monitor employees' use of social media outside the workplace; - employers' potential liability for employees' misuse of social media; - right of employee representatives to use employers' equipment for social media purposes; - employers' remedies against misuse of social media by employees and employee representatives; - development and drafting of a social media policy; and - role of social media in employer–employee disputes. No other publication exists providing interested parties with a practical and strategic guide to legal issues affecting the use of social media in the workplace. With its easy-to-use country-by-country format and its expert recommendations, this unique resource will prove itself as an incomparable handbook for lawyers, human resources professionals, and in-house counsel advising or working for internationally operating businesses. It will also be of inestimable value for academics and policymakers concerned with the legal ramifications of social media use in the workplace.

Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions

Author : Martin Kurer,Stefano Codoni,Klaus Günther
Publisher : Kluwer Law International B.V.
Page : 652 pages
File Size : 51,7 Mb
Release : 2002-06-13
Category : Law
ISBN : 9789041198563

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Warranties and Disclaimers:Limitations of Liability in Consumer-Related Transactions by Martin Kurer,Stefano Codoni,Klaus Günther Pdf

As the volume of international business transactions continues to grow dramatically, and as trade relations develop between an ever-increasing number of countries, it is inevitable that many questions of comparative business risk and liability should arise. What common elements underlie the various methods of limiting product liability applied in different national jurisdictions? How do different legal regimes protect the legitimate rights of consumers? These were the fundamental questions addressed by a well-attended seminar on warranties and disclaimers held within the framework of the 2000 Annual Conference of the International Bar Association in Amsterdam. The seminar--jointly sponsored by IBA Committees S (Products, Liability, Advertising, Unfair Competition and Consumer Affairs), M (International Sales and Related Commercial Transactions) and CC (Corporate Counsel)--consisted of four introductory summaries and 33 country reports by local practitioners. The presentations focused on many important issues, including the following: legal and contractual warranties in contracts for the supply of goods or services between manufacturers, distributors and end-users; methods of communicating disclaimers and limitations of liability; strategies for securing limitations of liability downstream; and variations in the legal effectiveness of disclaimers and limitations. This wealth of material has been compiled and reproduced in this remarkably useful book. Business lawyers will find its insights immensely valuable, whether they are drafting contracts or dealing with potential or actual liabilities virtually anywhere in the world.

Aircraft Repossession and Enforcement

Author : Berend J. H. Crans,Ravi Nath
Publisher : Kluwer Law International B.V.
Page : 506 pages
File Size : 55,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132512

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Aircraft Repossession and Enforcement by Berend J. H. Crans,Ravi Nath Pdf

"Designed as a detailed practical guide to the management of aircraft during default periods and their repossession, this very useful book is also of great value as a preventive guide in the drafting of aircraft lease and financing contracts. Local aviation law experts from 32 jurisdictions worldwide provide in-depth responses, country by country, to an extremely detailed questionnaire that includes eighty 'real-life' questions." "Fees, time periods, costs of all kinds, remedies, immunities, required documentation, recognition of foreign judgments, interim measures - all these and many other crucial considerations are fully explained for each jurisdiction." --Book Jacket.

Corporate Social Responsibility – Sustainable Business

Author : Rae Lindsay,Roger Martella
Publisher : Kluwer Law International B.V.
Page : 620 pages
File Size : 44,7 Mb
Release : 2020-06-17
Category : Law
ISBN : 9789403522302

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Corporate Social Responsibility – Sustainable Business by Rae Lindsay,Roger Martella Pdf

In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.