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Dalhuisen J: Dalhuisen on Transnational
and Comparative Commercial, Financial an

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 1

The Transnationalisation of Commercial and Financial Law. The New Lex Mercatoria and Its Sources

Cambridge Studies in Constitutional Law

This book examines how constitutional courts can sustainably contribute to advancing democratic norms in hybrid regimes, i.e. regimes that are neither fully democratic nor fully authoritarian. Using a comparative approach analysing cases from across the globe, particularly from Hong Kong, Pakistan, and Uganda, Julius Yam makes the case that courts can assume a democracy-enhancing role to mitigate the problems arising from hybrid regimes. The book reveals the challenges faced by courts in performing such a role. It also proposes a adjudicative framework that systematically integrates principled judging with judicial strategy, and suggests non-adjudicative techniques that judges can adopt to reinforce democracy. While theoretical in substance, this book is informed by empirical studies and draws on a wide range of disciplines, including law, political science, sociology and psychology. The book will be a key resource to judges, academics, and practitioners who are interested in the study of democracy and courts. Its insights are particularly pertinent in an age of democratic backsliding and resurgence of authoritarianism. This title is also available as open access on Cambridge Core.

Principles and Strategies in Hybrid Regimes

Judging for Democracy

Containing penetrating analysis of problem areas, as well as practical guidance, The Law of Limited Liability Partnerships comprehensively sets out the law of limited liability partnerships in England and Wales. The Sixth Edition has been brought completely up to date and includes: - New LLP case law on LLP agreements, expulsion, standing of former members to apply for the restoration of a dissolved LLP, the enforceability of pre-incorporation contracts, discrimination, appointment of receivers and disqualification - New case law on tax issues affecting LLPs including on the salaried member rules and capital allocation - An expanded chapter, written in conjunction with local contributors, outlining LLP structures in overseas jurisdictions including corporate entity LLPs in Dubai, Qatar, Malaysia, Singapore, India, Pakistan, Kazakhstan, Guernsey, Gibraltar and Mauritius and non-corporate LLPs in the US, Canada, Japan, Hong Kong, Ireland, Jersey, Belize, and the Cayman Islands For legal practitioners and other professionals advising on the incorporation of an LLP, and on any of the legal and taxation aspects of carrying on a business through the medium of an LLP, The Law of Limited Liability Partnerships is a 'must have' purchase. This title is included in Bloomsbury Professional's Partnerships online service.

Whittaker and Machell on the Law of Limited Liability Partnerships

Maritime and Transport Law Library

Cargo claims are the most frequent form of third-party liability incurred by carriers by sea and their P&amp;I insurers. They are the bread-and-butter work of ship operators and P&amp;I clubs, with each club handling thousands of cargo claims every year. This new book examines every aspect of cargo claims from a legal and practical perspective and complements other legal textbooks which specialise in bills of lading or charterparties. Following the life of a typical cargo claim, the book analyses the basis upon which carriers face liability for cargo loss and damage; the law on delay and deviation; cargo interests' responsibilities for the cargo they ship; defences to cargo claims; the role of cargo insurers and subrogation; P&amp;I cover for cargo claims; and the recovery options available to a carrier facing a cargo liability. Cargo Claims also includes a detailed clause-by-clause commentary on the InterClub Agreement.Written for practitioners and those working on cargo claims day-to-day, the book will be invaluable for ship operators, shipping law firms, barristers' chambers, cargo recovery agencies and P&amp;I insurers. Readers will gain a comprehensive guide to the handling of cargo claims by way of a detailed analysis of the underlying legal principles and through practical guidance.

The Essential Guide

Cargo Claims

This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.

Crossing Civil Law and Common Law Traditions

Evidential Legal Reasoning

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would leadto improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

Palgrave Studies in Islamic Banking, Finance, and Economics

This book offers a comprehensive examination of Islamic finance as a legal-ethical system rooted in Sharīʿah, highlighting its regulatory, ethical, and institutional dimensions. It critiques prevailing models of Islamic banking for prioritizing technical compliance over justice, accountability, and public welfare, and advances a maqāṣid-driven vision of regulation. Drawing on comparative case studies from Pakistan, Bangladesh, India, Afghanistan, Sri Lanka, and the Maldives, the book identifies regional challenges while showcasing innovative practices. It introduces the concept of ḥisbah-based oversight and proposes a South Asian Ethical Finance Council as a framework for aligning financial institutions with Islamic legal and ethical standards. Bridging theory and practice, the study integrates insights from Islamic law, finance, and governance to address pressing regulatory and ethical questions. It is an essential resource for scholars, policymakers, and practitioners of Islamic finance, financial regulation, and comparative law.A.H.M. Ershad Uddin 
 is an Assistant Professor in the Department of Islamic Law, Faculty of Theology at Kocaeli University, Türkiye. He earned his PhD from Marmara University, focusing on the jurisprudential analysis of Islamic banking in Bangladesh. His research spans Sharīʿah governance, Islamic finance, gender and family law, and comparative Islamic legal studies. Dr. Uddin has presented scholarly papers at leading international institutions, including Harvard University Divinity School (2023), Cambridge University (2019), McGill University (2018), University of Edinburgh (2016), and Monmouth University (2016). He has published extensively on Islamic finance, ethics, and the regulation of Islamic institutions, and actively contributes to global debates on the role of Islamic law in financial, economic, and social contexts.

An Islamic Law Perspective

The Regulation of Islamic Financial Institutions (IFIs) and Ethical Oversight in South Asia

ASCL Studies in Comparative Law

What happens when Western law is no longer the default referent for legal modernity? This is a deceptively simple question, but its implications are significant for such fields as comparative law, international law, and law and development. Whereas much of comparative law is predicated on the idea that modern law flows West to East and North to South, this volume proposes the paradigm of 'Inter-Asian Law' (IAL), pointing to an emerging field of comparative law that explores the legal interactions between and among Asian jurisdictions. This volume is an experimental and preliminary effort to think through other beginnings and endings for law's movement from one jurisdiction to another, laying the grounds for new interactions between legal systems. In addition to providing an analytical framework to study IAL, the volume consists of fifteen chapters written by scholars from Asia and who study Asia that provide doctrinal and empirical accounts of IAL. This title is also available as Open Access on Cambridge Core.

Inter-Asian Law

The Law of Financial Crime

This book exposes how illicit finance hides in plain sight within legitimate global trade. Drawing on real-world cases, empirical interviews, and policy analysis, the book reveals how Trade-Based Money Laundering (TBML) exploits regulatory gaps, dynamic supply chains, and the ambiguities of modern commerce. It uncovers the systemic incentives that sustain symbolic compliance-where audit trails, checklists, and metrics give the appearance of vigilance while laundering continues unchecked. This work is essential reading for policymakers, financial institutions, law enforcement professionals, and scholars seeking a deep understanding of TBML. It combines rigorous research with practical insights, showing how public and private actors inadvertently perpetuate compliance rituals that fail to disrupt illicit trade. By mapping the structural, legal, and institutional challenges, the text equips readers to identify vulnerabilities, assess enforcement gaps, and rethink anti-money laundering strategies. Far beyond theory, the book offers a critical recommendation for moving from the mirage of oversight to effective disruption. Readers will gain the conceptual tools and operational realism needed to confront TBML, improve compliance practices, and safeguard global financial systems against one of the most pervasive forms of economic crime.

Compliance and the Law

Trade-Based Money Laundering

Hart Studies in European Criminal Law

Through an examination of the underlying technology driving digital currencies, this book offers a comprehensive understanding of the mechanisms governing their operation, clarifying complex legal concepts and confronting the pressing issue of anonymity inherent in digital currency transactions. The book focuses on two categories of digital currencies: cryptocurrencies (e.g. bitcoin) and in-game currencies (the currencies used in the closed virtual environment of a game). Despite their differences in governance - cryptocurrencies being decentralised and in-game currencies being centralised-they share significant similarities in terms of anonymity, which presents a notable issue within the anti-money laundering (AML) framework. Against the backdrop of both the international AML standards developed by the Financial Action Task Force (FATF) and the European Union AML regime, the book examines the AML compliance stage of the private sector and, specifically, the collection and retention of data relating to digital currency users. It analyses the new AML Regulation, alongside the 5th AML Directive, the Market in Crypto-Assets (MiCA) Regulation and the 'Travel Rule' Regulation, to construct a complete picture of the obligations imposed on virtual asset service providers and to assess whether the new framework disproportionately interferes with the right to privacy and data protection of the end user. In doing so, the book offers the first legal assessment of the proportionality of private-sector AML obligations in the field of digital currencies based on the argument that, in this context, EU AML law is increasingly transforming into a surveillance regime.

EU Anti-Money Laundering, Digital Currencies and Privacy

Written with the busy practitioner in mind, Principles of Contractual Interpretation offers a concise and authoritative guide to this complex area of commercial law. The authors distil the rules for constructing and interpreting contracts into ten core principles, each explored in its own chapter and illustrated with case law that shows how the principle operates in practice. Now in its third edition, the book has been thoroughly revised to reflect eight years of developments in case law, considering landmark decisions such as Wells v Devani, Tesco v USDAW, Barton v Morris, Tinkler v HMRC, and FSHC Group Holdings Ltd v Glas Trust Corporation Ltd. New sections examine the enforceability of implied terms, the scope of rectification, purposive interpretation, and the role of good faith and entire agreement clauses. With expanded coverage and updated commentary, this edition remains an indispensable resource for lawyers, judges, and anyone involved in drafting or litigating commercial contracts.

Principles of Contractual Interpretation 3e

Rechtsvergleichung und Rechtsvereinheitlichung

This volume contains all the papers presented during the working session of the Section for Comparative Commercial and Business Law at the 39th Conference of the German Society for Comparative Law in Berlin. Today, the European Union (EU) and the Organisation pour l'harmonisation en Afrique du droit des affaires (OHADA) are the two most integrated supranational organisations in the world. On the one hand, OHADA was institutionally modelled on the EU. But on the other hand, based on an essentially French legal tradition, OHADA was able to go much further in the unification of commercial law, as evidenced by meanwhile eleven Uniform Acts relating to principally all aspects of commercial law. 140 years after the beginning of the so-called Berlin Conference concerning the Scramble for Africa this comparative approach also reflects the paradigm shift in the relationship between Europe and Africa.

Perspectives of a Mutual Influence in Commercial Law

Model EU and Pattern OHADA?

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 1

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