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Contemporary Issues in Finance and Insolvency Law Volume 1
by Robert Walters Leon TrakmanThere is increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two volumes evaluate international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet largely unregulated developments in financial agreements, particularly the use of close-out netting provisions that serve as significant protective mechanisms prior to the declaration of an insolvency. It discusses international arbitration, data protection and artificial intelligence in crossborder insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.
Contemporary Issues in Finance and Insolvency Law Volume 2
by Robert Walters Leon TrakmanThere is increasing regulatory interdependence amongst Central, East and South East Asia, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As these Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two-volume work evaluates international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet unregulated developments in financial agreements, namely, the use of close-out netting provisions. They are a significant preventative legal mechanism, protecting debtors, creditors and employees among others, before a declaration of insolvency. The book discusses international arbitration, data protection and artificial intelligence in cross-border insolvency and restructuring. Finally, it seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.
Contemporary Issues in Human Rights Law: Europe and Asia
by Yumiko NakanishiThis book is published open access under a CC BY-NC-ND 4. 0 license. This book analyzes issues in human rights law from a variety of perspectives by eminent European and Asian professors of constitutional law, international public law, and European Union law. As a result, their contributions collected here illustrate the phenomenon of cross-fertilization not only in Europe (the EU and its member states and the Council of Europe), but also between Europe and Asia. Furthermore, it reveals the influence that national and foreign law, EU law and the European Convention on Human Rights, and European and Asian law exert over one another. The various chapters cover general fundamental rights and human rights issues in Europe and Asia as well as specific topics regarding the principles of nondiscrimination, women's rights, the right to freedom of speech in Japan, and China's Development Banks in Asia. Protection of human rights should be guaranteed in the international community, and research based on a comparative law approach is useful for the protection of human rights at a higher level. As the product of academic cooperation between ten professors of Japanese, Taiwanese, German, Italian, and Belgian nationalities, this work responds to such needs.
Contemporary Issues in Intellectual Property Law in Africa
by Olasupo OwoeyeThis book discusses the impact of intellectual property and international investment agreements within Africa. It investigates how African nations can enhance their current intellectual property legislation across various regions of the continent, while simultaneously fostering the development of local industries and stimulating innovation and creativity within the region.Despite intellectual property remaining a major issue in global trade governance, African countries have room to maximise the advantages that global intellectual property law can offer. Highlighting discourse on investment, intellectual property, and competition policies in Africa, the book underscores the need for African nations to develop intellectual property frameworks that can facilitate economic transformation. Using data from international intellectual property conventions, WTO dispute settlements and African regional organisation conventions, the book is a comprehensive call to action for African intellectual property lawyers and policymakers.The book will be of interest to students and scholars in the field of intellectual property law and international investment law.
Contemporary Issues in International Law
by B. C. Nirmal Rajnish Kumar SinghThis book explores the changing nature of international law and its ability to respond to the contemporary issues related to international environment, trade and information technology. The evolution of international law has reached a stage where we are witnessing diminishing power of the state and its capacity to deal with the economic matters challenging the existing notions of territory and sovereignty. Recent trends in international law and international relations show that states no longer have exclusive control over the decision-making process at the global level. Keeping this in mind, the book brings together the perspectives of various international and national scholars. The book considers diverse issues such as, sustainable development, climate change, global warming, Rio+20, technology transfer, agro-biodiversity and genetic resource, authority for protection of environment, human right to water, globalization, human rights, sui generis options in IP laws, impact of liberalization on higher education, regulation of international trade, intellectual property rights, collective administration of copyright, broadcast reproduction rights, implementation of copyright law, communication rights under copyright law, arbitration for IP disputes, doctrine of exhaustion of rights, trans-border reputation of trademark, information as an asset, cyber obscenity and pornography, e-governance, taxation of e-commerce, computer crime, information technology, domain names, research excellence in legal education, ideological perspective on legal education, challenges for law teachers, and clinical legal education. The topics, though diverse, are closely interrelated, with the common concern throughout being that the global environment, international trade, information technology and legal education need appropriate national normative and institutional responses as well as the global cooperation of members of the international community. Presenting reflections of a number of Asian, African and European scholars on these varied facets, the book is of great value to scholars, practitioners, teachers and students associated with contemporary international law.
Contemporary Issues in Islamic Law, Economics and Finance: A Multidisciplinary Approach (Routledge-Giappichelli Studies in Religion, Law and Economics in the Mediterranean Space)
by Flavia CortelezziThis book explores how Islam can impact the structures and performance of firms, financial institutions and capital markets across a range of countries and industries. The Islamic finance industry represents an important reality not only because of the oil wealth of the Gulf states, which have fueled demand for such financial services, but also for an increased demand from a growing Muslim population in the West that aspires to express a full and all-inclusive religious identity. The increased demand for Muslim financial institutions has prompted Western non-Islamic firms to begin providing these services in an interesting effort of acculturation to the new plural scenario. By adopting a multidisciplinary approach, which also takes into account the theological, legal and geopolitical framework, the book offers a comprehensive picture of Islamic financial tools, contracts and business opportunities. Drawing on different fields of expertise, it deals with various themes, such as the theological roots of Islamic economics and finance and its geopolitical impact; the EU policy of cooperation with MENA and GCC countries; the instruments of Islamic finance, its legal principle and ability to become an instrument for enhancing business opportunities; the functioning of Islamic banks; the development of capital markets within a financial model influenced by religious constraints and, finally, the new relationships of this religious financial system with Western legal systems. The book thus provides a complete and extensive overview of the practice of Islamic finance through the lenses offered by studies of economics and management. Providing a careful analysis and an integrated framework of geo-economic and political issues, the book will be a valuable resource for academics, researchers and professionals in International Business, Entrepreneurship and Small Business Management, Law and Religion and Intercultural Studies.
Contemporary Issues in Law Enforcement and Policing (International Police Executive Symposium Co-Publications)
by Dilip K. Das Andrew MillieRising terrorism and advances in technology, along with new organizational strategies and investigative techniques, have stretched the traditional role of the police officer. Calls for strong, intelligence-driven, paramilitary policing juxtaposed with a demand for ‘softer community policing, leave officers under increased pressure to be tough and
Contemporary Issues in Marketing and Consumer Behaviour
by Pauline Maclaran Elizabeth Parsons Andreas Chatzidakis Rachel AshmanThis third edition of Contemporary Issues in Marketing and Consumer Behaviour has been revised and updated to reflect the fast-changing world we live in. The new state of the art chapter on digital marketing digs deeply into two new frontiers of marketing which have significant impact on contemporary social life: influencer marketing, and online gaming. Other new topics help us to understand how marketing can perpetuate local and global inequality through creating and sustaining hierarchies of knowledge and influencing norms of race, disability, gender and sexual orientation. Topics new to this edition include: Digital Markets and Marketing Hierarchies of Knowledge in Marketing Marketing Inequalities: Feminisms and intersectionalities The Ethics and Politics of Consumption New case studies include: Emerging Economy Brands The Fairtrade Brand Disappearing Influencers Decolonising the Media Written by four experts in the field, this popular text successfully links marketing theory with practice, locating marketing ideas and applications within wider global, social and economic contexts. It provides a complete and thought-provoking overview for postgraduate, MBA and advanced undergraduate modules in marketing and consumer behaviour and a useful resource for dissertation study at both undergraduate and postgraduate levels. Online resources include chapter-by-chapter PowerPoint slides.
Contemporary Issues in Pharmaceutical Patent Law: Setting the Framework and Exploring Policy Options (Routledge Research in Intellectual Property)
by Bryan Mercurio and Daria KimThis collection reflects on contemporary and contentious issues in international rulemaking in regards to pharmaceutical patent law. With chapters from both well-established and rising scholars, the collection contributes to the understanding of the regulatory framework governing pharmaceutical patents as an integrated discipline through the assessment of relevant laws, trends and policy options. Focusing on patent law and related pharmaceutical regulations, the collection addresses the pressing issues governments face in an attempt to resolve policy dilemmas involving competing interests, needs and objectives. The common theme running throughout the collection is the need for policy and law makers to think and act in a systemic manner and to be more reflective and responsive in finding new solutions within and outside the patent system to the long-standing problems as well as emerging challenges
Contemporary Just War: Theory and Practice (War, Conflict and Ethics)
by Tamar MeiselsThis book offers a renewed defense of traditional just war theory and considers its application to certain contemporary cases, particularly in the Middle East. The first part of the book addresses and responds to the central theoretical criticisms levelled at traditional just war theory. It offers a detailed defense of civilian immunity, the moral equality of soldiers and the related dichotomy between jus ad bellum and jus in bello, and argues that these principles taken together amount to a morally coherent ethics of war. In this sense this project is traditional (or "orthodox"). In another sense, however, it is highly relevant to the modern world. While the first part of the book defends the just war tradition against its revisionist critics, the second part applies it to an array of timely issues: civil war, economic warfare, excessive harm to civilians, pre-emptive military strikes, and state-sponsored assassination, which require applying just war theory in practice. This book sets out to reaffirm the basic tenets of the traditional ethics of war and to lend them further moral support, subsequently applying them to a variety of practical issues. This book will be of great interest to students of just war theory, ethics, security studies, war and conflict studies, and IR in general.
Contemporary Latina/o Media: Production, Circulation, Politics
by Arlene Dávila Yeidy M. RiveroThe cultural politics creating and consuming Latina/o mass media. Just ten years ago, discussions ofLatina/o media could be safely reduced to a handful of TV channels, dominatedby Univision and Telemundo. Today, dramatic changes in the global politicaleconomy have resulted in an unprecedented rise in major new media ventures forLatinos as everyone seems to want a piece of the Latina/o media market. Whilecurrent scholarship on Latina/o media have mostly revolved around importantissues of representation and stereotypes, this approach does not provide theentire story.In Contemporary Latina/o Media,Arlene Dávila and Yeidy M. Rivero bring together an impressive range of leadingscholars to move beyond analyses of media representations, going behind thescenes to explore issues of production, circulation, consumption, and politicaleconomy that affect Latina/o mass media. Working across the disciplines ofLatina/o media, cultural studies, and communication, the contributors examinehow Latinos are being affected both by the continued Latin Americanization ofgenres, products, and audiences, as well as by the whitewashing of “mainstream”Hollywood media where Latinos have been consistently bypassed. While focusingon Spanish-language television and radio, the essays also touch on the state ofLatinos in prime-time television and in digital and alternative media. Using atransnational approach, the volume as a whole explores the ownership,importation, and circulation of talent and content from Latin America, placingthe dynamics of the global political economy and cultural politics in theforeground of contemporary analysis of Latina/o media.
Contemporary Management Education: Eight Questions That Will Shape its Future in the 21st Century (Future of Business and Finance)
by Piet Naudé“Why are we so important?”; “What value do we add?”; and “What good do we create?” These are the opening questions posed to management educators in this book. This is followed by uncomfortable questions about colonization (Who is in the centre and whose knowledge counts?) and inequality (Whom do we exclude?). After questioning the easy adoption of technology (What are we embracing?) and the challenge posed by global warming (Can management education help stop climate change?), the author ends by sketching some leadership lessons required for the future: “What lessons can we learn in a black swan event?” Mixing philosophical analyses with anecdotes from experience, the author does not shy away from discussing controversial views to give direction to current debates. Tracing eight such crucial questions and providing well-researched perspectives, this book is an engaging read for anyone interested in the future direction of business schools in particular and management education in general. “There are many books and articles on business education, but few as deep and insightful as Contemporary Management Education. I enthusiastically recommend it to anyone who seeks to understand and improve the training of business leaders.” Peter Tufano, Saïd Business School, University of Oxford “An amazing read. Piet Naude is eclectic and sparkling. He applies his talents to the wicked maze of management education in society. No issue is more important for global business. No writer is better qualified.” Thomas Donaldson, The Wharton School, University of Pennsylvania “A powerful, persuasive, and superbly compelling book. Contemporary Management Education serves as an invaluable and informative reference to the essential issues that are shaping the future.” Sherif Kamel, Dean, School of Business, The American University in Cairo
Contemporary Methods in International Legal Research: Between Legal Interpretivism and Empirical Inquiry (Springer Textbooks in Law)
by Juan J Garcia BlesaThis book is a concise practical guide to some of the most relevant ways of thinking and doing international legal research today. It is designed to help students and early career researchers to get acquainted with the theory and practice of a selection of non-doctrinal modes of legal research that include feminist international law, critical international law and TWAIL, complemented with qualitative methods of empirical legal research. The book also encourages a meaningful dialogue with traditional doctrinal styles of legal research. The book’s most innovative aspect is its practical, learner-centred approach, which focuses on the applied learning of the modes of research presented.
Contemporary Moral Arguments: Readings in Ethical Issues
by Lewis VaughnMore than any other contemporary moral problems reader, Contemporary Moral Arguments focuses on the key arguments that have provoked the most debate in recent ethical issues. The book opens with two introductory chapters on critical reasoning and moral theory, which provide the basis for understanding and analyzing the arguments in the subsequent issues chapters (chs. 3-12). In the conventional way, these readings on ethical issues are sorted into 10 topical chapters covering issues such as abortion, sex and marriage, terrorism and torture, economic justice, etc. But the readings within these chapters are organized unconventionally, by argument. Each argument is introduced by a briefing that sketches the argument, provides conceptual background for it, and reviews some of the main philosophical responses to it. After the briefing come two to four essays presenting the classic statement of the argument, critiques and defenses of it, and discussions of related debates.
Contemporary Moral Issues (4th Edition): Diversity and Consensus
by Lawrence M. HinmanCombines arguments and personal narratives to introduce students to key issues in morality. Contemporary Moral Issues is an anthology that provides a selection of readings on contemporary social issues revolving around three general themes: Matters of Life and Death, Matters of Equality and Diversity, and Expanding the Circle, which includes duties beyond borders, living together with animals, and environmental ethics. Each set of readings is accompanied by an extensive introduction, a bibliographical essay, pre-reading questions, and discussion questions. Learning Goals Upon completing this book readers will be able to: Understand what the key contemporary issues in morality are Understand how these issues are encountered in everyday life Develop a critical position in regard to each of the readings
Contemporary Moral Problems
by James WhiteCONTEMPORARY MORAL PROBLEMS made available to provide readers with a brief anthology for the study of the ethics of war, terrorism, torture, and assassination. Supported with problem cases, an illuminating introductory essay, and study questions, this text will engage students in one of the most crucial moral debates of our time.
Contemporary Organized Crime: Developments, Challenges and Responses (Studies of Organized Crime #18)
by Dina Siegel Hans NelenThis edited volume explores recent research and developments in the study of organized crime. It covers six key areas: drug-related issues; human trafficking and prostitution; sports and crime; procurement and corruption; and enforcement and prevention. The contributors provide timely research for understanding various aspects of organized crime, as well as the responses that have been developed worldwide to prevent and contain them. These contributions were presented at seminars of the Centre for Information and Research on Organized Crime (CIROC). It will be of interest to researchers in Criminology and Criminal Justice, particularly with an interest in organized crime and criminal networks, as well as related fields such as Comparative Law, and Political Science. This collection represents the most current thinking on entrenched problems of organized crime….This book is an important contribution in developing new approaches to organized crime and its control. — Jay S. Albanese, Ph.D., Professor and Chair, Criminal Justice Programs, Virginia Commonwealth University The book is very well organised and written and deals with a diversity of topics and approaches. — Ernesto U.Savona, Director of Transcrime, Professor of Criminology, Università Cattolica del Sacro Cuore, Milan
Contemporary Perspectives on Legal Obligation
by Stefano BerteaBringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime: Australasian, European and North American Perspectives
by Duncan Chappell Saskia HufnagelIn the world of law enforcement art and antiquity crime has in the past usually assumed a place of low interest and priority. That situation has now slowly begun to change on both the local and international level as criminals, encouraged in part by the record sums now being paid for art treasures, are now seeking to exploit the art market more systematically by means of theft, fraud and looting. In this collection academics and practitioners from Australasia, Europe and North America combine to examine the challenges presented to the criminal justice system by these developments. Best practice methods of detecting, investigating, prosecuting and preventing such crimes are explored. This book will be of interest and use to academics and practitioners alike in the areas of law, crime and justice.
Contemporary Property Law (Routledge Revivals)
by Paul Jackson David C. WildeFirst published in 1999, this is the first of two books based on papers given at the conference organised by the Centre for Property Law at Reading in March 1998 under the title ‘Contemporary Issues in Property Law’. Speakers represented jurisdictions from around the world. Their subjects ranged from the theoretical and jurisprudential to the severely practical. No one who attended the conference – or subsequently reads the papers in this and the following book, Property Law: Current Issues and Debates – can believe in the picture of property law as archetypical, dry as dust, black letter, law. Questions of human rights, changes in social structures, technological developments are all shown to have their impact on property law, calling for careful analysis of the present law and practical proposals for reforms to reflect new developments.
Contemporary Reflections on Business Ethics (Issues in Business Ethics #52)
by Ronald DuskaOver 30 years Ronald F. Duska has established himself as one of the leading scholars in business ethics. This book presents Duska’s articles the years on ethics, business ethics, teaching ethics, agency theory, postmodernism, employee rights, and ethics in accounting and the financial services industry. These reflect his underlying philosophical concerns and their application to real-world challenges — a method that might be called an Aristotelian common-sense approach to ethical decision making.
Contemporary Russian Federalism: Delimitation of Jurisdictional Subjects and Powers
by Gulnara R. ShaikhutdinovaThe focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state. Questioned is whether it is worth returning to the asymmetric federative form, while the aim is to review the origins of federalism in the New Russia, assess the present de jure and de facto situations and analyze whether Russia has a chance of reviving federalism.Steps forward on the way to developed federal relationships in the 1990s have been replaced by steps backwards owing to unitary tendencies in the 2000s and the 2010s. But is this a sustainable state of affairs? The possible ways of framing relations between the center and the constituent units for the next four years and beyond are also discussed.This book is aimed at researchers and students in the field of comparative constitutional law, Russian studies and federal and regional studies.Gulnara R. Shaikhutdinova is Professor and Doctor of International Law in the Faculty of Law of Kazan (Volga Region) Federal University, Republic of Tatarstan, Russian Federation.
Contemporary Slavery: The Rhetoric of Global Human Rights Campaigns
by Joel Quirk Annie BuntingThis volume brings together a cast of leading experts to carefully explore how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances. However well-intentioned these interventions might be, they nonetheless remain subject to a host of limitations and complications. Recent efforts to combat contemporary slavery are too often sensationalist, self-serving, and superficial and, therefore, end up failing the crucial test of speaking truth to power.The widely held notion that antislavery is one of those rare issues that "transcends" politics or ideology is only sustainable because the underlying issues at stake have been constructed and demarcated in a way that minimizes direct challenges to dominant political and economic interests. This must change. By providing an original approach to the underlying issues at stake, Contemporary Slavery will help readers understand the political practices that have been concealed beneath the popular rhetoric and establishes new conversations between scholars of slavery and trafficking and scholars of human rights and social movements.Contributors:Jean Allain, Jonathan Blagbrough, Roy Brooks, Annie Bunting, Austin Choi-Fitzpatrick, Andrew Crane, Rhoda Howard-Hassmann, Fuyuki Kurasawa, Benjamin Lawrance, Joel Quirk, and Darshan Vigneswaran
Contemporary Thought in the Muslim World: Trends, Themes, and Issues (Contemporary Thought in the Islamic World)
by Carool KerstenThis book presents an intellectual history of today’s Muslim world, surveying contemporary Muslim thinking in its various manifestations, addressing a variety of themes that impact on the lives of present-day Muslims. Focusing on the period from roughly the late 1960s to the first decade of the twenty-first century, the book is global in its approach and offers an overview of different strands of thought and trends in the development of new ideas, distinguishing between traditional, reactionary, and progressive approaches. It presents a variety of themes and issues including: The continuing relevance of the legacy of traditional Islamic learning as well as the use of reason; the centrality of the Qur’an; the spiritual concerns of contemporary Muslims; political thought regarding secularity, statehood, and governance; legal and ethical debates; related current issues like human rights, gender equality, and religious plurality; as well as globalization, ecology and the environment, bioethics, and life sciences. An alternative account of Islam and the Muslim world today, counterbalancing narratives that emphasise politics and confrontations with the West, this book is an essential resource for students and scholars of Islam.
Contemporary Trends in Local Governance: Reform, Cooperation and Citizen Participation (Local and Urban Governance)
by Carlos Nunes SilvaThis book addresses and explores recent trends in the field of local and urban governance. It focuses on three domains: institutional reforms in local government; inter-municipal cooperation; and citizen participation in local governance. In the last decades, in different regions of the world, there is ample evidence that sub-national government, in particular the field of local governance, is in a permanent state of change and reflux, although with differences that reflect national particularities. Since these institutional changes have an impact in the local policy process, in the delivery of public services, in the local democracy, and in the quality of life, it is mandatory to monitor these continued institutional changes, to learn and develop with these changes, if possible before these experiences are transferred and replicated in other countries. The editor and contributors address issues of interest for a wide audience, comprising of students and researchers in various disciplines, and policy makers at both national and sub-national tiers of government.