International Trade and the Successful Intermediary reveals how intermediaries can safely and effectively guarantee they are paid commission in lucrative commodity trades. Davide Papa and Lorna Elliott explain how intermediaries should conduct a deal from start to finish, whilst adhering to the laws and rules of international trade and maintaining control over the transaction at all times. The explosion of the internet has created tens of thousands of trading houses and independent home-based brokers all seeking to buy or sell commodities to one another. Businesses may spend considerable time and resources evaluating the merits or otherwise of available brokers. International Trade and the Successful Intermediary is designed to give independent intermediaries, potential buyers, procurement agents, mandates, lawyers, bankers and companies the fundamental skills to conduct business in the international trade arena, while increasing their knowledge and confidence to secure commission arising out of successful deals. Using real scenarios, model documents and straightforward language the book dispels the many myths relating to internet trading procedures and explains the rules and laws that must be adhered to when conducting import/export transactions.
In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
What happens when cultures clash, and one person tries to get them to live together? At a time when Americans were only exploring what are now western states, William Craig tried to broker peace between native Nez Perces and newcomers from the East. A native Virginian on the run, Craig became a mountain man, married into the tribe, immersed himself in two cultures on a collision course. Craig's story and that of the people around him, told here for the first time, mixes bravery, cowardice, courage, deceit, intrigue - and timeless lessons about the challenges awaiting those who would be peacemakers.
This book provides a comprehensive, authoritative, and state-of-the-art discussion of fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends.
In this book, the business of international freight forwarding is examined from both a theoretical and empirical point of view with a special emphasis on multimodal transport chains, including sea or air transport operations. In such contexts, the freight forwarder is always considered "The Architect of Transport", but this intermediary role seems to be largely neglected in research to date. Therefore, relevant concepts from economic theory and economic sociology are employed to produce both an intermediary and a network perspective of freight forwarding in order to provide a better understanding of this kind of transportation business. Furthermore, its intermediary role in such inherent network structures is explored by mapping relationship patterns in a stylized model framework applied to a questionnaire-based sample collected among freight forwarders engaged in such multimodal transport chains in Germany (especially from Hamburg, Bremen and Bremerhaven) as well as in Austria in 2003.
A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services.
