How can public contracts be used effectively to achieve the broader aims of government? Increasingly, emphasis is placed on strategic aspects of public procurement such as value for money, competition, environmental sustainability and social value. The 2014 EU procurement directives offer a new framework in which to pursue these objectives, significantly expanding upon the possibilities under earlier directives. They also represent an evolution in the scope of coverage of the rules, with c...

How can public contracts be used effectively to achieve the broader aims of government? Increasingly, emphasis is placed on strategic aspects of public procurement such as value for money, competition, environmental sustainability and social value. The 2014 EU procurement directives offer a new framework in which to pursue these objectives, significantly expanding upon the possibilities under earlier directives. They also represent an evolution in the scope of coverage of the rules, with c...

The book offers a theoretically justified and pragmatic concept of the so-called 'lex mercatoria' contributing to the debate concerning the existence of this law as an autonomous, a-national and universal legal system established by trade practice. This new work equips commercial arbitrators and counsel with a formula to 'recognize' and apply a rule of the lex mercatoria in practice. It argues that a rule of the lex mercatoria is established if there is a majority congruent behaviour withi...

This book offers a restatement of European and English Private International Law as it applies in the English courts. The author has set out to create a contemporary approach to private international law which is distinguished from the traditional approach of describing private international law through its common law foundations. The author places European Regulations, and related statutory material, at the front and centre of the book, reorganising private international law according to ...

This book offers the analysis of the relationship between the Cape Town Convention and national laws on secured transactions. The first part of the book considers why national implementation is so important in the case of the Cape Town Convention and identifies how innovative the Convention is as a uniform law instrument. The second part includes chapters on those states that are Parties to the Cape Town Convention, which analyse how the Convention is implemented under the domestic law. Th...

Tender offers, exchange offers and consent solicitations in connection with debt securities are important instruments of corporate restructurings, corporate rescues, recapitalisations and other types of liability management of public and private companies. Although tender offers for shares, stocks and other equity securities are covered by a vast literature on public mergers, takeovers and acquisitions, the literature on liability management transactions for debt securities is scarce. Law ...

Providing a scholarly analysis of how to govern and make the right kinds of laws for cyberspace, in this work, Professor Reed investigates the vast majority of cyberspace users who wish to act lawfully and asks whether the current state of law in cyberspace makes it possible for them to do so. If not, why not, and what is the cure? In this book, Professor Reed puts forward a new model for cyberspace laws which focuses on human actions rather than the technology used. Arguing that, in cyber...

This book gives a concise introduction to the German law of business organizations and is meant to help business practitioners and international students to familiarize themselves with its key concepts and legal issues. After outlining some characteristic features of the German legal system the book describes the various types of German business organizations with a special focus on the German Limited Liability Company (GmbH) and the German Stock Corporation (AG). The boo...

This investigation of the barriers to and opportunities for promoting environmental sustainability in company law provides an in-depth comparative analysis of company law regimes across the world. The social norm of shareholder primacy is the greatest barrier preventing progress, and it also helps explain why voluntary action by companies and investors is insufficient. By deconstructing the myth that shareholder primacy has a legal basis and challenging the economic postulates on which mai...

Intellectual property rights and their overlaps are considered in light of rights purposes, relying on the concept of a balance of rights as the measuring rod for assessment of the consequences resulting from the exercise of overlapping rights. Identifying the complex interface between different types of intellectual property rights, this book discusses the use of these rights and their effect on a diverse group of stakeholders, from individual users of e-books to large corporations operat...

The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation ...

Cyber Law is a comprehensive guide for navigating all legal aspects of the Internet. This book is a crucial asset for online businesses and entrepreneurs. "Whether you're doing business online as a company or a consumer, you need to understand your rights. Trout successfully places legal complexities into digital perspective with his latest book." -- Chris Pirillo - Founder of Lockergnome "CyberLaw is a must-read for anyone doing business-or just chatting or socializing - on the Internet. ...