Legal Opinions in International Transactions

Author: Michael Greson
Publisher: Kluwer Law International
ISBN: 9041199020
Format: PDF
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Sponsored by the Banking Law Committee (E) of the International Bar Association's Section of Business Law, this is the fourth edition of a definitive work: the result of extensive discussions at many IBA conferences of lawyers worldwide who provide commentary on a multitude of issues which may arise in the process of rendering legal opinions in international transactions. In most important international business transactions opinions of counsel are required as a condition precedent to the `closing' of the transaction. This book analyses and comments on the clauses of a typical legal opinion requested in an international transation. The book explains meaning given to such opinion clauses by U.S. counsel, discusses under the law and practice of 25 countries whether such opinion can be given and whether or not modifications are advisable and addresses the investigation necessary to enable a lawyer to render a correct opinion. The book also contains a chapter discussing the opinion a non-U.S. lawyer should request from a U.S. lawyer. The fourth edition adds a discussion of the special issues involved in opinions rendered by in-house counsel. The principal purposes of the book is to improve the communications between the lawyer- frequently a U.S. attorney- requesting the opinion and the lawyer rendering the opinion. Both must have a common understanding of the meaning of the terminology used in, and the scope of, the opinion. Another important purpose of the book is to analyse the interdependence of the opinions of counsel from several countries rendered in connection with one transaction. This frequently requires a conflict of laws analysis. Where the laws of several countries apply to a transaction, the various opinions must be put together like pieces of a puzzle before the recipient of the opinion can be certain that all relevant legal issues, under all relevant legal systems, have been fully addressed. The suggestions made in this book have been widely accepted in international opinion practice.

Investment Funds

Author: Chris Carroll
Publisher: Sweet & Maxwell
ISBN: 9781908239082
Format: PDF, Mobi
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A global comparison of the laws and regulations that govern investment funds is an invaluable tool to anyone involved in the business.

Commercial Remedies Resolving Controversies

Author: Graham Virgo
Publisher: Cambridge University Press
ISBN: 1316764559
Format: PDF
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The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Development and Growth in the Mexican Economy

Author: Juan Carlos Moreno-Brid
Publisher: Oxford University Press
ISBN: 9780199707850
Format: PDF, ePub, Mobi
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This book is the first comprehensive and systematic English-language treatment of Mexico's economic history to appear in nearly forty years. Drawing on several years of in-depth research, Juan Carlos Moreno-Brid and Jaime Ros, two of the foremost experts on the Mexican economy, examine Mexico's current development policies and problems from a historical perspective. They review long-term trends in the Mexican economy and analyze past episodes of radical shifts in development strategy and in the role of markets and the state. This book provides an overview of Mexico's economic development since Independence that compares the successive periods of stagnation and growth that alternately have characterized Mexico's economic history. It gives special attention to developments since 1940, and it presents a re-evaluation of Mexico's development policies during the State-led industrialization period from 1940 to 1982 as well as during the more recent market reform process. This reevaluation is critical of the dominant trend in economic literature and is revisionist in arguing that, in particular, the market reforms undertaken by successive Mexican governments since 1983 have not addressed the fundamental obstacles to economic growth. Development and Growth in the Mexican Economy also details the country's pioneering role in launching NAFTA, its membership in the OECD, and its radical macroeconomic reforms. Carefully argued and meticulously researched, the book presents a wide-ranging, authoritative study that not only pinpoints problems, but also suggests solutions for removing obstacles to economic stability and pointing the Mexican economy toward the road to recovery.

The Reconceptualization of European Union Citizenship

Author: Elspeth Guild
Publisher: Martinus Nijhoff Publishers
ISBN: 9004251529
Format: PDF, ePub, Docs
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This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity interacts with the boundaries of EU citizenship as constructed by the entitlement and capacity of mobile citizens to enjoy equality and social rights as EU citizens. Thirdly, the book engages with issues of EU citizenship and equality as the building blocks of the EU project. By engaging with these themes, this volume provides a topical and comprehensive account of the present and future development of Union citizenship and studies the collisions between the realisation of its constructive potential and Member State autonomy.

Critical Citizens

Author: Pippa Norris
Publisher: Oxford University Press on Demand
ISBN: 0198295685
Format: PDF, Mobi
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Critical Citizens: Global Support for Democratic Government analyses a series of interrelated questions. The first two are diagnostic: how far are there legitimate grounds for concern about public support for democracy world-wide? Are trends towards growing cynicism evident in the United States evident in many established and newer democracies? The second concern is analytical: what are the main political, economic, and cultural factors driving the dynamics of support for democratic government? The final questions are prescriptive: what are the consequences of this analysis and what are the implications for strengthening democratic governance? This book has brought together a distinguished group of international scholars who develop a global analysis of these issues that looks at trends in establishes and newer democracies as we approach the end of the twentieth century. It also presents the first results of the 1995-7 World Values Study as well as drawing on an extensive range of comparative empirical evidence. Challenging the conventional wisdom, this original and stimulating book concludes that accounts of a democratic `crisis' are greatly exaggerated. By the mid-1990s most citizens world-wide shared widespread aspirations to the ideals and principles of democratic government. At the same time there remains a marked gap between evaluations of the ideal and the practice of democracy. The public in many newer democracies in Central and Eastern Europeand in Latin America proved deeply critical of the performance of their governing regimes. And in many established democracies the 1980s saw a decline in public confidence in the core institutions of representative democracy including parliaments, the legal system, and political parties. The book considers the causes and consequences of the development of critical citizens. It will prove invaluable for those interested in comparative politics, public opinion, and the dynamics of the democratization process. ADVANCE PRAISE `The great democratic paradox of the 1990s is that it has simultaneously been the decade of democratization and the decade of growing distrust of democratic institutions. This volume admirably dissects the complex and multi-dimensional background of these conflicting trends, and presents a judicious evaluation of the grounds of optimism and pessimism--in which, fortunately, the former prevails.' AREND LIJPHART, University of California San Diego `Critical Citizens is the most comprehensive collection of comparative work on confidence in government and sources of public support for democracy. I strongly recommend it.' SEYMOUR MARTIN LIPSET, George mason University `Pippa Norris and her colleagues examine claims and counter-claims about the erosion of public confidence in democracy, describe the depth and dynamics of trust in government, and lay out a broad and differentiated approach to the phenomenon. They sort out the rather highdegree of support for democracy from widespread uneasiness with the workings of instituions and with the behaviour of politicians. Their book is must reading for survey researchers and comparative students of democracy alike.' SIDNEY TARROW, Cornell University `This is the most impressive comparative study of how citizens in contemporay democracies relate to their governments. In an age of expanding democratic institutions around the globe, the authors of Critical Citizens capture the reader's interest and provide a masterful update on one of the critical issues of our time.' CHRISTOPHER J. ANDERSON, Binghamton University (SUNY) `It is the Civic Culture study 40 years later . . .Critical Citizens is a landmark comparative study of trends in attitudes toward nation, government regime, political institutions, and leaders, in some forty regionally well-distributed countries, bringing together the resaerch of a cross-national team of social scientists, led by Pippa Norris ofthe Harvard Kennedy School. It is full of theoretically interesting insights, as well as findings that have an important bearing on public policy.' GABRIEL ALMOND, Stanford

ADR Client Strategies in the EU

Author: Mattias Goransson
Publisher: Thomson West
ISBN: 9780314213808
Format: PDF, ePub
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ADR Client Strategies in the EU is an authoritative, insiders perspective on key strategies for representing and advising clients in arbitration and mediation proceedings in the European Union. Featuring partners from law firms across the region, including top attorneys from Sweden, Italy, Spain, Portugal, and Denmark, these experts guide the reader through the rules that govern European law systems as they discuss the unique features of legislation in this region and explain factors driving upcoming changes and trends. These leaders offer tips on helping clients understand the negotiating environments and ADR processes of this region and share their insight on key issues facing multinational companies involved in ADR in the EU. Additionally, these authors discuss the benefits of mediation and arbitration in specific industries including construction and information technology. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving area of law.

Corporate Acquisitions and Mergers

Author: Peter F. C. Begg
Publisher: Graham & Trotman, Limited
ISBN: 9780860105367
Format: PDF, Docs
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This offprint of the Greek national monograph, earlier published in the loose-leaf Encyclopaedia of Laws: 'Corporations & Partnerships' covers in detail, apart from a historical & political introduction, the legal regime of the 'big' corporation (public company) as well as the winding up & the merger of the companies, the close corporation ('private company') & the partnerships. The European monographs contain full text of EC company & stock exchange directives, & also referrals to the prejudicial decisions of the European Court of Justice relevant to the subject.

Human Rights in International Investment Law and Arbitration

Author: Pierre-Marie Dupuy
Publisher: Oxford University Press
ISBN: 0199578184
Format: PDF, Docs
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There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.