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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 4

Transnational Movable Property Law

Studies in International Trade and Investment Law

This open access book is the first of its kind to address a question of both theoretical and practical significance: how do countries or entities approach economic cooperation in the face of vexing political concerns and overlapping sovereignty claims? Built upon three contemporary case studies on North-South Korea, China-Taiwan, and North-South Cyprus - representative pairs of 'divided nations', broadly defined - the book explores from both an empirical and a conceptual perspective the underlying factors, approaches and patterns that influence the economic relationship between the two sides. The book examines complex dynamics and identifies critical factors across the case studies, making a timely contribution to debates surrounding sovereignty, democracy and legitimacy in the context of international economic laws given the shifting geopolitical landscape. It further informs countries that do not share the same features of divided nations but nonetheless experience diplomatic crises or military conflicts, which render their economic cooperation sensitive and strenuous. This book is a must-read for researchers, trade lawyers, and students in international law and international relations. It also serves as a valuable asset for negotiators, diplomats and policymakers, providing crucial insights for making decisions that can either escalate or de-escalate geopolitical conflicts. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Academia Sinica Thematic Program.

Economic Cooperation in the Shadow of Contested Sovereignty

Cambridge International Trade and Economic Law

The objective of this edited volume is to explore the role that digitalisation and new technologies play in the law and practice relating to international investment. The traditional view of international investment law, focusing on physical movement of investors and greenfield establishment, is currently confronted by the increasing diffusion and varying use of technological advances around the world. Digital assets and digital services pose challenges to conventional conceptions of territorial nexus in investment protection. Utilisation of algorithms and artificial intelligence in investor-state dispute settlement (ISDS) is also not free of controversy when it comes to ensuring fair (and reasoned) outcomes and due process. Moreover, cybersecurity-related concerns exacerbate geopolitical fragmentation and often affect negatively investment flows, both at the inward and at the outward levels. The contributors of this edited volume examine these and other related issues of contemporary investment law and critically reflect on how digitalisation and new technologies reshape the foundations of international investment law.

Digitalisation, New Technologies and International Investment Law

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

Ius Gentium: Comparative Perspectives on Law and Justice

The Illusory Truth Effect And Financial Integrity Objectives And Consequences.- Privacy-Preserving Data Analytics: A Case Study In Anti-Money Laundering And Counter Terrorist And Proliferation Financing Innovation In Australia.- Central Bank Digital Currencies, Financial Inclusion And Financial Integrity: Trade-Off?.- Coordinated Terrorist Financing – An Emerging Threat Or A Glaring Omission? Time To Rethink The Financial War On Terrorism.- Re-Evaluating Human Rights In Global Counter-Terrorism Financing: A Case For Preliminary Judicial Moderation.- Charities, Non-Profit Organisations And The Fatf: Testing The Evidence Base And Proportionality Of Risk-Based Counter-Terrorist-Financing Regulation.- Law Enforcement At The Forest-Finance Nexus In Papua New Guinea – Leveraging Tools Against Financial Crime In Defence Of The Environment.- Surveilling The Citizen: Constitutional Tensions Within The Canadian Aml Regime.- New Zealand And Manitoba Unexplained Wealth Law: Surveying The Rights Landscape.- De-Banking ‘Risky’ Customers: Contractual Exclusion Of Customers By Financial Institutions And AML/CTF Ramifications.- Challenging Risk: The Case Of Maples Corporate Services V CIMA.- Intended And Unintended Consequences Of The Combating Of Financial Crime: A Research Agenda.

Intended and Unintended Consequences

Combating Financial Crime

Can you avoid any law you do not consent to? Can you avoid paying taxes by declaring yourself sovereign? Do courts operate under admiralty or maritime law? No. But welcome to the strange world of pseudolaw. This is the first-ever edited volume solely dedicated to examining pseudolaw and its most prominent adherents, sovereign citizens. Drawing on the expertise of judges, criminologists, legal theorists and political sociologists, this collection offers insights into the global growth and alarming adaptability of pseudolaw. While it might be tempting to laugh at the ridiculousness of pseudolaw, it is a serious matter. People who make these claims rob themselves of meaningful legal opportunities and impose great costs to themselves, the administration of justice, and the community. Pseudolaw is also linked to violent extremism and indicative of growing social insecurity. Part I offers ways to analyse and differentiate pseudolaw from other forms of conspiracy ideation and fringe legal interpretation. Part II examines the rise of sovereign citizens and the global spread of pseudolaw. Part III explores contemporary issues arising from pseudolaw, including the rise of far-right extremism, lay-persons in judicial proceedings, fake claims of indigeneity, and fraudulent 'get out of jail' schemes. It concludes by considering how we can respond to this phenomenon.

Pseudolaw and Sovereign Citizens

Contemporary Commercial Law

Opportunities and Risks

Blockchain Technology and the Law

This book explores the use of Third-Party Funding (TPF) in Investor-State Dispute Settlement (ISDS), a transformative yet controversial instrument that implicates procedural fairness, the commodification of justice, public interest, and state sovereignty in investment law.TPF is a topical, yet underexamined topic within international arbitration. With the TPF market now estimated to exceed USD 15 billion, its role in enabling investors to pursue expensive, high-value investment claims has attracted attention. The book comprehensively analyses the use of TPF in the context of the ISDS system, highlighting issues such as influence on the decision to settle, conflicts of interest, effects on procedural fairness, wealth transfer, and the commodification of justice. It argues that attempts to reform TPF have mainly focused on a narrow set of issues that may arise during arbitral practice, specifically the issue of potential conflicts of interest between funders and arbitrators, resulting in regulatory gaps. Amid recently completed and ongoing reform efforts by institutions such as UNCITRAL, this book offers a timely and critical analysis of the use of TPF in ISDS. It will combine theoretical insights, real-world examples, case law, and a comparative overview of current and proposed regulations to provide practical policy and regulatory suggestions.The book will be of interest to researchers in the field of international arbitration and investment law.

Third-Party Funding in International Investment Law

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

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

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

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

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 4

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