Key features of the book include: Authoritative authorship combining the analysis of a senior academic with the experience of a former judge. Comprehensive and wide-ranging in scope. Structured specifically to reflect the Treaty of Lisbon reorientation and immediate post-Lisbon developments. Extensive reference to primary sources (Treaty, legislation, case law) and to issues of national adaptation. A comprehensively updated and expanded new edition of a classic text, this authoritative and wide-ranging volume provides expert analysis on the key issues across all areas of European Union law - including its constitutional, procedural and substantive aspects. In particular, coverage of the constitutional and procedural elements includes; historical background and development of the European Union; constitutional structure of the Union; 'The Treaties': interrelationship and fundamental (constitutional) rules; the institutional framework; jurisdiction of, and actions before, the Court of Justice; sources, principles and methods of Union law. Comprehensive coverage of the substantive law includes; basic rules; citizenship of the Union; the internal market; the four freedoms; competition; economic and monetary policy; social policy; environmental policy; commercial policy. Importantly, the book incorporates the Treaty of Lisbon reorientation and post-Lisbon developments. Throughout the book there is extensive reference to primary sources (Treaty, legislation, case law) and to issues of national adaptation which, together, bring a depth of understanding and analysis to this increasingly complex field of law. Written in elegant and crystal clear English, rich in references to the primary materials of the Treaties, the principal legislation and the key case law of the Court of Justice, this highly detailed and comprehensive book will be an indispensable resource for all Legal practitioners whose practice must take account of EU Law.
The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: * negotiating a detailed written contract; * performing a legal and commercial due diligence on a prospective partner; * resolving disputes through negotiation, arbitration or litigation; * establishing and enforcing trademarks, patents and other intellectual property rights; * investing in China; * considering the joint venture structure; * expanding through a merger or acquisition; * restructuring or liquidating an operation; * designing and implementing effective corporate governance; * retaining, managing and terminating employees; * arranging funds into and out of China; * ensuring both tax efficiency and tax compliance; and * avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide.
Although EU Member States share a tradition of regulating public broadcasting for the public interest, such regulation has been in decline in recent years. It has been challenged by the emergence of commercial television sworn to the market logic, as well as by satellite services and the Internet. EU law and policy has, under pressure from powerful global forces, abetted that decline. The question thus arises: Do cultural values still matter in European national broadcasting? This important book examines the challenges posed to public service obligations by European Union media law and policy. An in-depth analysis of the extent to which six countries (France, Germany, Greece, Italy, the Netherlands, and the United Kingdom) regulate broadcasting for the public interest reveals a range of vulnerability to national political pressures or, alternatively, to the ideology of market sovereignty. The author examines the country of origin principle and the European quota rule of the Television without Frontiers Directive, revealing the influence of European law on the definition and enforcement of programme requirements, and shows how the case law of the European Court of Justice encourages deregulation at the national level without offering adequate safeguards at the supranational level in exchange. She asks the question whether the alleged 'European audiovisual model' actually persists-that is, whether broadcasting is still committed to protecting such values as cultural diversity, the safety of minors, the susceptibility of consumers to advertising, media pluralism, and the fight against racial and religious hatred. The book concludes with an evaluation of the impact of the EU state aid regime on the licence fee based financing of public broadcasting. Despite the increasing importance of the subject, its study in a comparative context has been heretofore underdeveloped. This book fully provides that context and more, and will be of great value and interest to all parties concerned with the key role of communications in the development of European integration.
Based on original research and analysis by a group of health policy experts and economists from across the world, this book analyzes the causes and consequences of the expanding global and local commercialization of health care. It argues for the necessity and possibility of effective policy responses to develop good quality, universally inclusive health systems worldwide. The book aims to contribute to a shift in the international 'common sense' in health policy towards a more humane, inclusive, egalitarian, and ethical framework for policy formulation.
Capital raising, mergers and acquisitions and securities trading around the world often involve some connection with the United States and implicate the US securities laws.
United States Securities Law: A Practical Guide ,offers a concise overview of US securities laws from the perspective of a non-US participant. It is written not only for lawyers but for managers, bankers and others with an interest in the topic.
This new edition has been significantly updated and expanded, including for the SEC's recent offering reforms and corporate governance developments.
Praise for the Second Edition:
This book has been a valuable resource in effectively counselling my company in the intricacies of SEC regulation. Jim, with his many years of counselling foreign issuers out of his firms London office, writes with a perspective that is particularly relevant to the needs of foreign companies listed on US exchanges. George Miller, Executive Vice President and General Counsel, Novartis Corporation.
A well written and useful primer for those looking for quick, practical answers to real life questions or who wish to understand better the background and rationale to US securities law and regulation. Leland Goss, Managing Director, Credit Suisse.
This book really is a practical guide to the US securities laws. It does a great job of explaining the rules and regulations in a way that can be understood by readers that are not themselves US securities lawyers. Peter Castellon, Director andamp; Counsel, Citigroup Corporate andamp; Investment Banking.
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