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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 6

Financial Risk, Financial Stability, and the Role of Financial Regulation

This book offers a key point of reference for reflective and thoughtful examinations of the rule of law in tax and related disciplines. It features a stellar cast of established and early-career researchers from a variety of jurisdictions who have entered into conversations about the nature of the rule of law; its relevance to questions about tax, welfare, distribution and public spending; and the challenges involved in applying legal standards in these fields. There is a particular focus on the interaction between the rule of law and the rapidly emerging world of cross-border tax avoidance, reforms influenced by the OECD's Base Erosion and Profits Shifting project and the evolution of EU-level governance over direct as well as indirect taxes. The book is accessible to those new to taxation and public finance as well as to experts, and to lawyers and non-lawyers alike.

Tax, Public Finance, and the Rule of Law

Routledge-Giappichelli Studies in Law

The use of traffic and location data in criminal justice is now a common prac-tice in the EU and beyond. Although metadata do not reveal the contents of communications, they allow to draw precise conclusions on the private lives of users, like their everyday habits, places of residence, daily movements and ac-tivities, social relationships, and frequented environments. For this reason, they are largely used by law enforcement to identify promising targets of investiga-tion or as evidence in criminal trials. In the EU, national legislation often pro-vides for the indiscriminate retention of such data, but the compatibility of these mass surveillance regimes with the European human rights framework has been questioned in the case law of the European Court on Human Rights (ECtHR) and the European Court of Justice (CJEU), as well as legal scholar-ship. Nevertheless, the use of unlawfully retained data in criminal proceedings is not usually sanctioned in national criminal procedural systems. This book addresses this problem by inquiring about how communications metadata can be used in criminal proceedings, having regard to the principles of legality and fairness. In particular, through the lens of fairness, the analysis seeks to find some common ground between privacy and data protection regimes on the one hand and criminal procedural rules on the other. To this end, it employs both an interdisciplinary doctrinal research method and a comparative analysis be-tween a limited number of EU Member States. By identifying different stand-ards of fairness for the preventive context, the investigation, and the trial phase, the book highlights gaps in protection and attempts to reconcile these two separate, yet closely related, regimes.

Communication Metadata under EU Human Rights Law

Criminal Justice and Data Protection

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

Code of Federal Regulations, Title 16 Commercial Practices

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 16 presents regulations governing commercial practices and covers product-specific bans, standards, and requirements; policy on imported products, importers, and foreign manufacturers; export of non-complying, misbranded, or banned products; and commission notification of foreign government.

Code of Federal Regulations, Title 16 Commercial Practices 0-999, Revised as of January 1, 2025

This book presents a positive account of state aid law at the EU, UK, and global levels, and provides the keys to understanding how it is adjusting to emerging realities. Industrial policy, decarbonisation, de-risking of supply chains: the regulation of subsidies is at the forefront of the transformations that the world economy is undergoing. The book provides an overview of the foundations of EU State aid law, one of the most dynamic areas of EU law. An up-to-date and accessible framework explains the core conditions underpinning the notion of State aid - including advantage and selectivity. The book also covers how the EU model has changed over the past decade. It helps navigate the complex case law on the application of EU State aid law to tax rulings concluded with large multinationals (such as the Apple saga) as well as the perma-crisis of the regime since the COVID pandemic. The ways in which the EU model extends its reach beyond its borders - convergence and unilateral expansion - are also addressed. The UK Subsidy Control Act 2022 and the EU Foreign Subsidies Regulation are discussed and put in context. Conceived as a 'modular' book, it can be used both as a tool to navigate the fundamentals of the discipline and as a map to reflect upon its uncertain future.

The New Law of State Aid and Subsidies

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 Commercial and Financial Law

This book offers the first comprehensive analysis of the national and international legal issues surrounding digital assets in enforcement and insolvency. Its primary aim is to ensure that the economic value of digital assets can be fully realised by creditors and other stakeholders through the legal processes and remedies available to them, and that holders of digital assets receive adequate protection. These legal issues are considered in diverse commercial and technical contexts, ranging from native cryptocurrencies to token, whether held directly or with custodians and other intermediaries. The book offers analysis on different levels: Firstly, it scrutinises the existing legal frameworks for enforcement and insolvency in various countries and evaluates the extent to which they can accommodate digital forms of value; secondly, it compares the approaches taken in different jurisdictions and addresses the cross-border issues of jurisdiction and conflict of laws issues that may arise; and thirdly, it focuses on international texts, such as the UNIDROIT Principles on Digital Assets and Private Law, as well as the Global Code of Digital Enforcement, and suggested avenues for further harmonisation and unification of the law. The book provides much-needed responses to the increasing significance of digital assets in modern insolvency and enforcement proceedings. It takes a unique global approach to a wide range of legal perspectives, drawing upon the contributors' experience as leading practitioners, representatives of international organisations, and academics, in common law and civil law jurisdictions around the world. The book identifies the most pressing areas for law reform, and proposes solutions that are both legally robust as well as fit for practical purpose.

Securing Creditor Access and Protecting Customer Interests in the Crypto World

Digital Assets in Enforcement and Insolvency

This open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including: - Who currently holds and who should hold a right not to be wronged by others? - Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation? - Does the idea of criminal law as regulating interpersonal legal relations contradict its public character? Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Studies on a New Paradigm in Criminal Law and Procedure

Rights in Criminal Law

ASCL Studies in Comparative Law

Whereas the study of comparative law has commonly assumed that law flows from North to South and West to East, Inter-Asian Law breaks new ground in proposing an analytical framework for an emerging field of comparative law that explores the legal interactions-historical and contemporary-between and among Asian jurisdictions.

Inter-Asian Law

Code of Federal Regulations, Title 15 Commerce and Foreign Trade

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 15 Presents regulations governing the Department of Commerce and other agencies involved with commerce and foreign trade, and includes rules for: National Security Industrial Base, Export Administration, National Weather Service, Environmental Data Service, Oil Pollution Act, Foreign Trade Agreements, and telecommunications and information.

Code of Federal Regulations, Title 15 Commerce and Foreign Trade 800-End, Revised as of January 1, 2025

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

The Future of Shipping Law

This book examines how the shipping industry is responding to the commercial challenges caused by geopolitical risk. Geopolitical volatility in the modern world is generating physical and economic obstacles that are disrupting shipping activities and causing disputes that raise fundamental questions of commercial law. Studying this phenomenon by exploring common themes among varied dimensions of business disruption, the book first explores physical disruption to shipping activities across the categories of war, unrest, and piracy. It then turns to the purely economic disruption caused by sanctions and alternative forms of statecraft deployed in "trade wars." The book examines each of these categories by highlighting geopolitical and regulatory context, assessing industry adaptations, and analysing cross-jurisdictional case law to gather insight into the contractual rights and responsibilities impacted by these scenarios. Assessing solutions-including the development of bespoke contract clauses and the application of broader principles of illegality, impossibility, frustration, and force majeure-the book demonstrates that this rapidly evolving area of international commercial law demands a readiness to borrow analytical approaches across categories of business disruption. With industry participants, courts, arbitrators, and scholars in mind, the book provides a contemporary perspective on the geopolitical challenges affecting shipping through a distinctive commercial law lens.

Sanctions, War, and Force Majeure

Geopolitical Disruption in Shipping

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 6

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