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Catalogue complet

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

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 5

Financial Products and Services

Part 1: Secured Transactions, Finance Sales and Other Financial Products and Services 1. Civil and Common Law Approaches to Financial Law. Credit Cultures and Transnationalisation 2. The Situation in the Netherlands 3. The Situation in France 4. The Situation in Germany 5. The Situation in the UK 6. The Situation in the US Part 2: Financial Products and Funding Techniques. Private, Regulatory and International Aspects 1. Finance Sales as Distinguished from Secured Transactions: The Recharacterisation Issue and Risk Revisited 2. Modern Security Interests: The Example of the Floating Charge 3. Receivable Financing and Factoring. The 1988 UNIDROIT Factoring Convention and the 2001 UNCITRAL Convention on the Assignment of Receivables in International Trade 4. Modern Finance Sales: The Example of the Finance Lease. The 1988 UNIDROIT Leasing Convention 5. Asset Securitisation and Credit Derivatives. Covered Bonds 6. Financial Derivatives: Options, Futures and Swaps. Their Use and Transfers. The Operation of Derivatives Markets, Clearing and Settlement and the Function of Central Counterparties (CCPs) 7. Institutional Investment Management, Funds, Fund Management and Prime Brokerage Part 3: Payments, Modern Payment Methods and Systems. Set-off and Netting as Ways of Payment. Digitalisation, International Payments and Money Laundering 1. Payments, Payment Systems. Casey and Bank Accounts 2. The Principles and Importance of Set-off and Netting 3. Traditional Forms of International Payment 4. Money Laundering Part 4: Security Entitlements and their Transfers Through Securities Accounts. Securities Pledges and Repos 1. Investment Securities Entitlements and Their Transfers. Securities Shorting, Borrowing and Repledging. Clearing and Settlement of Investment Securities 2. Investment Securities Repos

Hart Studies in Private Law

Exploring the Foundations of Contract Law

Cause and Consideration

The History and Theory of International Law

A Sociology of International Investment Law applies methods associated with the sociologist Max Weber to illuminate aspects of international investment law - a regime made up of thousands of treaties that protect foreign investors from state action diminishing the value of their investments. By applying many of Weber's key themes associated with legal modernity - legitimacy, rationality, domination, bureaucracy, and charisma - the book conscripts tools of analysis that enable the testing of many of investment law's operating assumptions. A Sociology of International Investment Law Law is premised on the belief that theory informs practice and that enlisting aspects of Weber's work illuminates the contemporary practice of, and debates over, international investment law. Utilizing Weber's themes and methods, results in a deeper appreciation of the connections of international investment law has with classical social theory. The book also reveals how the field fails to measure up to many of the analytical challenges that Weber's sociological interventions provoke. This book offers an exploration of the commonalities, differences, and blind spots shared by this relatively new international legal field with one of the most influential theorists of modernity. This is an open access title. It is available to read and download as a free PDF version on Oxford Academic and is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence.

Themes from Max Weber

A Sociology of International Investment Law

Routledge Research in Finance and Banking Law

This book tackles the challenge of holdout creditor disruption of sovereign debt restructuring, where creditors reject collective agreements to pursue full loan recovery in domestic courts.Critically examining the contemporary statutory and contractual approaches to sovereign debt restructuring, the book presents their usefulness and limitations, including the potential major impact of the doctrine of merger in rem judicatam. It proposes the duty of good faith (which is generally implied under U.S law, implied in certain categories of contract under English law, and widely recognized globally) applied in the context of sovereign debt as a relational contract, as a robust legal approach to combating such disruptions in domestic courts. Through rigorous analysis of case law and treatises, the book argues that sovereign debt contracts are relational contracts, invoking heightened good faith and equity obligations. With in-depth analysis of the contents and judicial applications of the duty of good faith in English and New York jurisprudence, it demonstrates how holdout actions violate good faith, and proffers a judicial approach, based on the duty of good faith, to sovereign debt restructuring as a viable alternative to current statutory and contractual approaches.This book will be of interest to practitioners, researchers, and policy makers in contract law, finance law, relational contract theory, good faith, and sovereign debt.

A Good Faith and Relational Contract Approach

Sovereign Debt Restructuring and Contract Law

ASCL Studies in Comparative Law

Misuses of Comparative Law in International Development examines how comparative law has been deployed by international organizations, governments, and NGOs to legitimize legal reforms that entrench inequality and reinforce power hierarchies. These reforms often align development agendas with neoliberal and authoritarian logics. The book exposes the flawed assumptions-such as convergence, efficiency, and legalism-that underpin transnational reform projects like the World Bank's indicators and the harmonization initiatives of the EU and OECD. It shows how these frameworks misrepresent local contexts and silence alternative legal traditions. Introducing a new typology of misuse-from cannibalization to epistemic impoverishment-it reveals how comparative law frequently operates as a tool of domination rather than emancipation. Bridging critique and utopia, the book re-characterizes these misuses as social constructions and reimagines comparative law as a vehicle for equitable, context-sensitive, and redistributive legal reform.

Misuses of Comparative Law in International Development

Routledge Frontiers of Criminal Justice

Current Trends and Policy Changes

Corporate Criminal Liability and Sanctions

IMLI Studies in International Maritime Law

The book discusses the law of laytime and demurrage from a comparative perspective, drawing on UK, US and Norwegian/Scandinavian law case law.

A comparative perspective

Laytime and Demurrage

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

This open access book assesses whether European data regulation can be amended in light of contemporary technological developments. In an era when data powers our daily lives, economies and societies, data regulation is essential. However, European data regulation is still premised on concepts and foundations that were developed more than 50 years ago. The book offers an in-depth exploration of the European data regulatory landscape, from its historical roots to the challenges posed by new technological advancements. Through a detailed legal and technical analysis, it explores key data categories - such as anonymised, pseudonymised, aggregated, sensitive data, and metadata - highlighting their fluid and changing nature and the growing possibilities for transitioning between them. By identifying regulatory tensions and challenges arising from various technologies, such as AI, Big Data, and quantum computing, the book offers policymakers, legal scholars, computer scientists and data protection experts different perspectives on how to reshape future privacy and data protection legislation in a rapidly advancing technological world. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Past, Present, and Future of European Data Regulation

In a career that has seen him face coup leaders in his native Ivory Coast and lead some of the most prestigious Western financial institutions, Tidjane Thiam has blazed a trail through African and European politics and business.In a career that has seen him face coup leaders in his native Ivory Coast and lead some of the most prestigious Western financial institutions, Tidjane Thiam has blazed a trail through African and European politics and business.After a childhood in tumultuous west and north Africa, Thiam broke barriers in the elitist world of French higher education, becoming one of the first black consultants at McKinsey and Company before entering the Ivorian government. After a coup forced him into exile, he joined the world of finance, where his rise saw him named as CEO of Prudential in London and Credit Suisse in Zurich. Along the way, he was trained and supported by many both in the public and private sector who made his many achievements as a leader possible. However, his rise to prominence as the only African, black and Muslim boss of large Western corporations was also accompanied with disproportionate public and media scrutiny, as well as racism and xenophobia.A blend of autobiography, business, politics, and personal philosophy, his book offers a unique vantage point on corporate and political life in Africa, Europe, the United States and Asia. In a story that spans from his father's politically motivated imprisonment to the business principles that took Thiam to the top of global finance, he shares a personal and professional story that is equal parts inspirational and aspirational.

A Memoir

Without Prejudice

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

The Law of Financial Crime

Following the events of 9\11 individual countries and the international community became increasingly concerned about how best to prevent the funding of terrorist groups. Alternative remittance systems such as Hawala, where money is moved informally between a network of brokers in the Middle East, north Africa and south Asia have been identified as a potential source of terrorist financing leading to calls for greater regulation of such alternative remittance systems.This book analyses the risk such alternative remittance systems pose in terms of terrorist financing, offering a detailed overview of the historical origins and methods of operation of alternative remittance systems or informal value transfer systems. The factors that have come to ensure that these systems have remained operationally viable in modern times are identified along with the risks they present balanced against an overview of their actual misuse for illicit purposes to date. The book presents a detailed critique of the UK framework for the regulation of these systems drawing where possible on existing data to assess the use and effectiveness of these measures in practice. A range of options for mitigating risks associated with specific remittance corridors is considered ranging from initiatives that promote remittances through the banking sector, to efforts to mitigate risk and the impact on the delivery of UK overseas development aid. The book concludes with key recommendations as to the effectiveness of the current regulatory framework within the UK viewed from the perspective of international efforts to secure the regulation of these systems, and in stemming terrorist finance as part of national and international counter-terrorism policy.

The Regulation of Hawala and Alternative Remittance Systems

Stemming Terrorist Finance

Contemporary Studies in Corporate Law

Challenge your understanding of corporate, securities, and financial law and regulation with this ground-breaking book. Featuring incisive research from preeminent scholars in the field, this seminal work interrogates long-standing assumptions and beliefs that have remained unexamined for decades. Taking a novel approach, the book serves as both a conceptual 'deconstruction' and a foundation for future research directions. Each chapter delves deep into the often-overlooked origins, mechanics and implications of outdated or misleading concepts (termed 'fallacies') that form the backbone of contemporary corporate and securities laws, financial regulations and related domains. Beyond simply identifying these fallacies, the authors illustrate the profound implications of recalibrating our analytic perspectives. By expanding the spectrum of inquiry and moving along multiple continuums - such as public to private, micro to macro, transactional to structural, individual to systemic, and static to dynamic - this volume underscores the transformative potential of re-envisioning the fundamentals of these fields. An essential read, this book promises to be a catalyst for change and a must-have for anyone committed to staying at the forefront of law and policy.

Reframing the Mainstream Narratives

Hidden Fallacies in Corporate Law and Financial Regulation

Dalhuisen on Transnational and Comparative Commercial, Financial and Trade Law Volume 5

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