Studies in Comparative Corporate and Financial Law
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Published: 1998
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DOWNLOAD EBOOKAuthor: Betty Ho
Publisher: Springer
Published: 1998-12-18
Total Pages: 1214
ISBN-13: 9789041196484
DOWNLOAD EBOOKFourth, specific solutions are required to address the problems posed by internationalization. This critical analysis is of significant comparative interest and provides essential reading for corporate and securities lawyers in Asia and throughout the world.
Author: Arthur Pinto
Publisher: Springer
Published: 1998-10-30
Total Pages: 338
ISBN-13: 9789041196637
DOWNLOAD EBOOKThis book is the result of a project sponsored by Ceradi-Luiss Guido Carli, Rome, and by the Brooklyn Law School Center for the Study of International Business Law.
Author: Kris Hinterseer
Publisher: Springer
Published: 2002-05-13
Total Pages: 520
ISBN-13: 9789041198648
DOWNLOAD EBOOKAs the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.
Author: Chizu Nakajima
Publisher: Springer
Published: 1999-02-16
Total Pages: 360
ISBN-13: 9789041196989
DOWNLOAD EBOOKMarket necessity for large concentrations of capital and the growing number of legal obligations placed upon those who handle other people's money have made conflict of interest and duty issues increasingly important in recent years
Author: Mahmood Bagheri
Publisher: Springer
Published: 2000-12-06
Total Pages: 320
ISBN-13: 9789041198105
DOWNLOAD EBOOKThe growth of national economic regulation and the process of globalisation increasingly expose international transactions to an array of regulations from different jurisdictions. These developments often contribute to widespread international contractual failures when parties claim the incompatibility of their contractual obligations with regulatory laws. The author challenges conventional means of dispute resolution and argues for an interdisciplinary approach whereby disciplines such as international economic law, conflict of laws, contract law and economic regulations are functionally united to resolve international and multifaceted regulatory disputes. He identifies the normative foundation of contract law as an important determinant in this process, contending that contract law is essentially neutral and underpinned by the concept of corrective justice, while economic regulations are mainly prompted by distributive justice. Applying this corrective/distributive justice dichotomy to international contracts, the author critically assesses major conflict of laws approaches such as `proper law', `the Rome Convention' and `governmental interest analysis', which could disregard either public interest or private rights. The author, taking these theories into account, proposes an alternative two-dimensional interest analysis approach. He tests the viability of this approach with reference to arbitral awards and court decisions in various jurisdictions and concludes that it uniquely fits into the structure of international commercial arbitration. In adopting this approach arbitrators would take into account both corrective and distributive justice, and to the extent that corrective justice prevails, would be able to avert a total failure of the contract.
Author: E. Wymeersch
Publisher: Springer
Published: 1999-12-13
Total Pages: 438
ISBN-13: 9789041197504
DOWNLOAD EBOOKThis book provides detailed analysis of the rules and practices in 16 European jurisdictions and the United States, covering issues such as convening the general meeting, depositing and blocking of shares, participation rights, setting of the agenda, voting rights and proxy rules.
Author: Sandeep Savla
Publisher: Springer
Published: 2001-01-17
Total Pages: 268
ISBN-13: 9789041197955
DOWNLOAD EBOOK"This book offers a critical examination of the criminal anti-money laundering provisions and their impact on financial intermediaries, which may play a facilitating role in the money laundering process. It further considers the efficacy of the criminal law in reducing the incidence of money laundering when used in conjunction with civil liability and financial market regulation. The crucial issues relating to financial intermediaries concern the interaction between procedural norms and equitable or criminal liability, the conflicts between disclosure and client confidentiality, the privilege against self-incrimination, and the procedural aspects of imposing corporate criminal liability. The author analyses these in detail and considers to what extent the present provisions may need modification, particularly in light of the demands of procedural fairness laid down in the European Convention on Human Rights. Finally, the book considers the impact of the international nature of money laundering on United Kingdom financial intermediaries, in terms of enforcement and the extra-territorial application of laws and disclosure orders." -- BACK COVER.
Author: Afra Afsharipour
Publisher: Edward Elgar Publishing
Published: 2021-06-25
Total Pages: 544
ISBN-13: 1788975332
DOWNLOAD EBOOKThis research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.
Author: Carsten Gerner-Beuerle
Publisher: Oxford University Press
Published: 2019-05-06
Total Pages: 1088
ISBN-13: 0191059080
DOWNLOAD EBOOKComparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.