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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 5

Financial Products and Services

Studies of the Oxford Institute of European and Comparative

A Comparative Perspective

The Foundations of Tort Law in the Civilian Tradition

Cambridge Companions to Law

The Cambridge Companion to World Trade Law offers expert but compact discussion of the diverse perspectives, enduring issues, and emergent challenges in the field. This volume offers a lively and thorough overview of the subject in all its dimensions. It takes stock of the state of the field of trade law without allowing current events to dominate key debates. It is intended to be appreciated not only by a legal audience as a collection of concise yet thoughtful reflective pieces, but also by readers across the fields of business, economics, finance, sociology, diplomacy, and international relations who may have no specialist trade law knowledge. It will appeal not only to the novice but also to the seasoned trade law expert who might wish to have at hand a single-volume compendium of current expert analysis across the different dimensions of trade law.

The Cambridge Companion to World Trade Law

There are numerous practical challenges in the creation and enforcement of international commercial contracts for the sale of goods. Global Commercial Contracts provides an accessible but comprehensive overview of these challenges and the impact of various international instruments on these contracts. This book provides an introduction to the international law relevant to international commercial contracts and describe their effects in practical terms. It analyses the effect of the Convention on the International Sale of Goods (CISG), and the UNIDROIT Principles of International Commercial Contracts (PICC), highlighting their differences. The book also explores other essential international instruments including the UN Convention on the Use of Electronic Communications in International Commercial Contracts, the UN Convention on Limitation, Incoterms(c) 2020, UCP 600, and the URDG 750. The difficult topic of conflicts of laws is also examined and explained. Covering all aspects of international contracts, with emphasis on sale contracts, from formation and interpretation to dispute resolution, this new work fills a gap for an introductory guide on this fundamental topic.

CISG, PICC and other International Instruments

Global Commercial Contracts

The Rule of Law in Context

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Bank Management & Financial Services

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

From the author of A People's Guide to Capitalism, a clear-eyed look at cryptocurrencies from the left, cutting through the glitz and the scams to reveal how crypto mirrors and exacerbates the crises of capitalism. 
 
Cryptocurrencies have gone from being fringe investments relevant only to hardcore adherents to a $3.7 trillion industry with a direct line to Donald Trump's White House. The promises of crypto are wide-ranging, preying on a basic reality: people are disaffected by an economic and financial system that has excluded them and wonder if cryptocurrencies can offer a more transparent and inclusive alternative. 
 
Challenge any of these notions, or raise concerns about crypto's associations with money laundering, the speculative bubbles ballooning around these assets, or the disastrous climate implications of the technology behind crypto, and you'll be told by proselytizers that you simply don't understand. That complexity is often intentional, serving as a shield from critical scrutiny. 
 
Enter Crypto-Capitalism, Hadas Thier's deft, accessible examination of the rise and fall and rise again of crypto. Drawing on years of reporting on the industry, its insiders, and the ordinary people impacted by its wild peaks and busts, Thier explains how cryptocurrencies work, elucidates the context and implications of their rise, and debunks the utopian mythology that animates their boosters. 
 
By showing that systemic exploitation and domination are inherent in a crisis-ridden capitalist economy and are matters of class power, not technology, Thier convincingly cuts through the froth and the lies of financial dystopia. Along the way, she opens up alternative avenues for imagining what economic democracy could actually look like.

The New Financial Dystopia

Crypto-Capitalism

Hart Studies in Commercial and Financial Law

This book provides guidance to the laws of whistleblowing in the EU banking and financial sector. Covering all the relevant EU legislation, including the Directive on the protection of whistleblowers, the book provides insights from 3 EU member states - France, Luxembourg, and Ireland - alongside the relevant international, Council of Europe, and US laws. Following the adoption of the Directive on whistleblowing, the book offers the necessary understanding of the legal landscape, relevant case-law analysis, and examples stemming from EU and US jurisdictions. The book offers a reasoned and comparative review of the genesis and legal rules of whistleblowing in the EU banking and financial sector; it will enable readers to understand how whistleblowing started in this sector, the specific rules under EU law, and how these are transposed to selected member states. Readers will thus be able to navigate whistleblowing legislation and be informed about their rights and duties. Providing clarity and expert analysis in a complex area, the book is a must read for researchers, government officials, and practitioners.

Theory and Practice

Whistleblowing in the EU Banking and Financial Sector

Financial Markets and Institutions

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

An empirical analysis and new theoretical framework for understanding economic expectations and decision-making in different historical settings. Expectations play a crucial role in shaping economic behavior. But how are expectations actually formed, and how has this changed over time? The financial crisis of 2007–08 cast doubt on traditional theories of expectation formation, particularly the rational expectations framework. In Contingent Expectations, Alexander Nützenadel and Jochen Streb examine the ways that past experiences influence the economic expectations and decision-making of households, investors, and policymakers through history, and offer an alternative perspective. Combining a comprehensive empirical analysis of expectation formation from the eighteenth century to the present day with an assessment of the relevant economic theory, Nützenadel and Streb present a new theoretical framework, contingent expectations, for understanding economic expectation. Nützenadel and Streb show how economic actors developed new forecasting methods in response to rising uncertainty brought on by the Industrial Revolution, the expansion of global trade, financial market integration, and environmental crises. Tracing the evolution of economic theories on expectations, they find that when growing market volatility made forecasting more complex, economic agents often adapted with remarkable flexibility to changing circumstances. Challenging prevailing concepts of expectations, including rational choice and adaptive expectations, Nützenadel and Streb emphasize the heterogeneity of economic agents’ cognitive practices—in particular, the need to consider variation in information costs and historical experience. Expectation formation, they argue, is contingent on each individual’s current decision-making situation. Their account of the history of economic expectations has significant implications for current debates in economics.

Uncertainty, Risk, and Economic Behavior in Historical Perspective

Contingent Expectations

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

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