E-Commerce:Law and Jurisdiction:Comparative Law Yearbook of International Business - Special


Book Description

The special issue of the Comparative Law Yearbook of International Business deals with the very topical subject of e-commerce. This is an area that has seen an explosion of interest in recent years but, since the increase in the use of the Internet as a vehicle for conducting business transactions has been so rapid, the law has again fallen behind, particularly in the areas of regulation and jurisdiction. The situation is changing, however, with the introduction of both national and international legislation dealing with issues and relating to, inter alia, data protection, privacy, electronic signatures, consumer protection and morality. The authors in this volume provide commentaries on the most recent developments in various jurisdictions, including the approach of the European Union to the problems raised by e-commerce. They discuss the difficulties in relation to jurisdiction arising from the global nature of Internet and the possibilities for dispute resolution between multi national parties to an electronic transaction. The topic is obviously one that will require much attention in the coming years and one which will need strict regulation if electronic commerce is destined to become the trading medium of the future.







Cyberlaw for Global E-business: Finance, Payments and Dispute Resolution


Book Description

Examines cyberlaw topics such as cybercrime and risk management, electronic trading systems of securities, digital currency regulation, jurisdiction and consumer protection in cross-border markets, and international bank transfers.




The Comparative Law Yearbook of International Business:


Book Description

In this thirty-eighth volume of the Comparative Law Yearbook of International Business, once again practitioners and experts in a variety of legal fields examine issues from national and regional perspectives. Authors from Germany, Japan, Nigeria, and Poland deal with issues relating to data protection and privacy. Investment and infrastructure topics are examined by authors from Brazil, Colombia, Greece, and the United States. Subjects ranging from corporate responsibility, patent infringement litigation, and credit portfolio transfers to medical and family leave, food and beverage product representations, and distribution agreements are treated by authors from Belgium, Hungary, Ireland, Japan, Latvia, and the United States.




Intellectual Property and Private International Law


Book Description

This volume examines the protection and exploitation of intellectual property rights, along with international problems relating to which court has jurisdiction and which is the relevant law in foreign cases and judgments.




Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law


Book Description

Legal Issues of Digitalisation, Robotization and Cyber Security in the Light of EU Law By Nadežda Šišková, (ed.) The current extremely rapid and dynamic development of modern technologies and the unprecedented degree of their integration into the everyday life of every person are radically changing the previous modus vivendi in the society. The emergence of the Internet and the continuous development of digital technologies have brought into fore a number of new legal problems and issues that require a timely solution and proper and effective legal regulation by the EU as one of the leading regulators of the digital world. The technological developments have opened a new “window” to the borderless world of the Internet, giving a person an opportunity to exercise his/her fundamental rights at a new and unprecedented level. This unique book thus presents the key information and solves the related problems concerning the legal regulation of the usage of modern technologies in everyday life. The book is conceived in a form of a collective monograph prepared by an international team of renowned researchers from famous European Universities (Heidelberg University, Palacky University in Olomouc, Tallinn University of Technology, Comenius University in Bratislava and Shevchenko University in Kyiv) and scientific legal societies as well as top-level experts from practice. This team is representing the countries with the highest level of integration of modern technologies (Estonia, Germany, Czech Republic, Slovakia) or has a unique experience with provision of cyber security in the extreme conditions. The book creates a main output from the research project with the title “The EU and the Challenges of Modern Society (legal issues of digitalization, robotization, cyber security and prevention of hybrid threats)” granted by the EACEA in the category of Jean Monnet network. The publication of the book is supported by the financial subsidy in the amount of 3 000 Euro, sent by Palacky University to the Publisher (Intersentia). Topics that the authors focus on: - The European approach to the right to Internet access - Artificial Intelligence and the Challenges for the Theory of Human Rights - GDPR and the Right to Personal Data and Privacy in a Modern Society - Consumer Protection in the on-line World Future challenges in consumer protection - Competition Law in a Digital Economy - EU Regulation of On-line Platforms - Pricing Algorithms and Anticompetitive Agreements - EU legal framework of software security vulnerabilities - New Cybersecurity Rules for Markets in Crypto-Assets in the EU Law The primarily readers/users are: - legal experts in European law - legal researchers and scientific societies dealing with EU matters, - IT specialists, - personal data specialists, - scholars and students in European countries and America (UK, USA, EU and candidate countries, etc.). - compulsary source for students the Palacky University (Czech Republic), Heidelberg University (Germany), Talin Techinic University (Estonia), Comenius University in Bratislava (Slovakia), Kyiv Shevchenko University (Ukraine) Benefits: - the analysis of the most important and thorny legal issues of the process digitalisation, robotization and providing of cyber security - the proposals de lege ferenda concerning the optimal ways of legal regulation of the mentioned process Great number of key legislative acts were adopted at the level of the EU. The conclusions will summarise the key ideas of the authors and the proposals de lege ferenda concerning the whole text. The same refers to the preface, which will be prepared by the Vice-President of the European Commission Vera Jourová (responsible for Values and Transparency) which will relate to the whole text.




Comparative Law Yearbook of International Business


Book Description

The 2004 volume of the Comparative Law Yearbook of International Business contains a wide variety of topics of interest to international commercial lawyers and their clients. Various areas of company law are discussed, including mergers and acquisitions, piercing the corporate veil and the financing of share acquisitions. The Yearbook also contains several chapters on investments and securities, including the need for corporate governance in this area and the role of collective investment schemes in Bermuda. Some chapters deal with the introduction of now technology into the competition law issues encountered by the telecommunications industry. The introduction and effects of new legislation generally are also addressed, including the new Ukrainian Commercial Code and Brazilian Civil Code. In addition to discussions on intellectual property, arbitration and asset protection, the Yearbook contains a section on real property rights, including a very interesting comparison between the way in which China and Indonesia view property rights and the treatment received by such rights in Western society. Various areas of law also are looked at from a European point of view, such as the increase in American-style asbestos litigation in Europe, the hiring out of workers within Europe and the effect of the European Convention on Human Rights upon business. With the ever-increasing introduction of new technology, the expansion of global communications, new attitudes towards business and commerce and increased awareness of personal and property rights, there is a constant need for the law to develop in order to adequately deal with these issues. The yearbook branches out into some of the innovative and topical areas of contemporary law, and should be of great interest to anyone involved in modern-day business.




Comparative Law Yearbook of International Business Volume 43


Book Description

The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 43rd volume spans an arc of timely and challenging concerns for business law practitioners and academics alike. It discusses: how arbitrability of intellectual property rights disputes might improve worldwide IPR enforcement; how the “disregard of legal entity” may be used to establish implied consent by a person or entity that is not a signatory to an arbitration agreement; how an effective cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”; how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms; how the European Union seeks to balance the taxation of digital services; how Brazil is addressing the taxation of offshore indirect transfers; how private equity capital structures in the unique market of professional sports create opportunities as well as risks; how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets; and how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent. The authors are practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States and Uzbekistan. They offer a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world.




The Comparative Law Yearbook of International Business


Book Description

This edition of the Comparative Law Yearbook of International Business provides a general examination of issues vital to the world’s economic recovery. In the field of company law, practitioners examine changes in Russia’s corporate law and the new Ukrainian law governing joint-stock companies. In the area of competition law, lawyers review Serbia and Bulgaria’s new laws on the protection of competition and the private enforcement of Articles 101 and 102 in Europe’s national courts. Dispute resolution occupies two chapters, one dealing with best practices for drafting arbitration clauses and the other set aside, recognition, and enforcement of private commercial arbitration awards. A further two chapters treat employment and labor matters relating to distribution and commercial representation, indemnity upon termination, and processing personal data in the employment context of Hungary. In the area of financial services, practitioners from five jurisdictions deal with fiduciary duty, the European Commission’s proposed Directive on Alternative Investment Fund Managers, Swiss disclosure rules on significant shareholdings, restructuring and refinancing routes for mortgage-secured debt in Spain, and insurance laws and regulations in Nigeria. Foreign investment is examined by two authors, reporting on 2008 and 2009 developments in investment treaty disputes and foreign investment in Indonesia. Intellectual property issues are reviewed in chapters relating to the use of intellectual property as collateral in secured financing and intellectual property licensing in Canada. Finally, lawyers treaty a variety of other issues, including the tax law of Liechtenstein, European Union-Israel trade in the automobile sector, insolvency risk and creditors’ rights in Peru, the modernizing of trust law in Hong Kong and bridging cultural differences in international Transactions.




Comparative Law Yearbook of International Business 2001


Book Description

The twenty-third volume of the Comparative Law Yearbook of International Business contains chapters relating to agency and distribution, finance and investment, intellectual property, sports law, technology, and general commercial issues. The spread of jurisdictions treated includes Argentina, Canada, the Dominican Republic, Egypt, Italy, Panama, Portugal, Romania, Spain, Switzerland, the United States, and Venezuela. The range of subjects and jurisdictions in volume twenty-three attests to the diversity and scope of international business practice. General Editor, Dennis Campbell, Director of the Center for International Legal Studies in Salzburg, Austria, is assisted by a distinguished Board of Advisors drawn from leading academics and practitioners in Europe, North and South America, and the Far East.