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AIDA Europe Research Series on Insurance Law and Regulation

Özge Tosun

The Law of Political Risk Insurance

&lt;p&gt;1 Introduction.- 2 The Origins of and the Need for the PRI.- 3 Insuring the Loss through a Contract.- 4 Treaties, Arbitration and PRI.- 5 Parties to PRI Contract and the Wrongdoer.- 6 Mitigating the Risk and the Loss.- 7 International Standards to Protect Investors.- 8 Political Risks.- 9 Exclusions.- 10 Means of Reparation.- 11 Subrogation.- 12 Choice of Law and Dispute Resolution.- 13 Conclusion.&lt;/p&gt;


LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition

Bruce Kilpatrick

Pierre Kobel

Joint Purchasing-framework for Competition Law Analysis & Mechanisms to Address Overly-broad Trademark Usage

Springer Studies in Law & Geoeconomics

&lt;p&gt;This volume presents pioneering research for the purpose of developing a common analytical foundation and framework for the emerging interdisciplinary research field of investment control and national security. It deals with legal and regulatory aspects of investment controls, specifically from an international, transnational, and comparative law perspective.&lt;/p&gt;


Jens Hillebrand Pohl

Steffen Hindelang

Thomas Papadopoulos

Janosch Wiesenthal

The Law and Geoeconomics of Investment Screening

This volume of the LIDC contributions covers a competition law assessment of buying alliances as well as the topic of overbroad registrations and trademark clogging. It contains a series of national reports prepared to assist the International Rapporteurs in reporting to the LIDC Congress in Gothenburg in September 2023.The first part focuses on how competition law assesses coordinated conduct by buyers, such as joint purchasing/buying alliances. Different jurisdictions have taken a range of approaches to this issue and the reports summarise the current situation, explore the boundary between legitimate and infringing conduct and consider the extent to which further guidance from competition authorities and/or courts is required in order to enable companies to distinguish clearly between legitimate and efficient conduct and infringements of competition law. The conduct of buyers in their interactions with suppliers and markets when purchasing goods and services has recently come under increased scrutiny from a competition law perspective and guidance has been issued by the European Commission and by some national competition authorities. At the same time, there has been an increase in enforcement activity in the area of buyers’ cartels and purchase price fixing (such as the Ethylene and Car Battery Recycling cases) and this is explored in the reports.The second part focuses on intellectual property and, in particular, what mechanisms exist to avoid over-broad trademarks and address concerns that the trademark registers are clogged. Academics, practitioners and some regulators have raised concerns regarding potential for uncertainty regarding the scope of protection and increased costs for third parties wishing to register new trademarks. The reports focus on the bad faith standard in the long running Sky v SkyKick case and the effectiveness of mechanisms to tackle this issue by preventing or removing overbroad trademarks and ensuring the integrity of the registration system.

Modern China and International Economic Law

This book offers a structured exploration of China’s commercial arbitration system, beginning with its procedural foundations and jurisdictional framework, followed by an emphasis on due process, arbitrator skills, and the critical importance of upholding valid arbitration agreements. It delves into legal complexities surrounding the application of domestic law, international conventions like the CISG, and the integration of mediation in dispute resolution, while concluding with ethical standards for arbitrators to ensure fairness and credibility. Bridging procedural rigor, practical insights, and ethical imperatives, the work serves as a comprehensive guide for navigating China’s arbitration landscape, balancing academic analysis with actionable guidance for practitioners.

By A Chinese Practitioner

Commentaries on Commercial Arbitration in Modern China

SpringerBriefs in Law and Regulation & Innovation

Yen-Lin Agnes Chiu

European Union Reforms and External Implications

Money Laundering and Terrorist Financing

Meike Krakau

Causation in National and International Climate Change Litigation

Economic Analysis of Law in European Legal Scholarship

Qian Li

A Competition Law and Economics Perspective

AI-enabled Price Discrimination

Politics and Development of Contemporary China

China and Global Economic Governance, Volume II: China’s Engagement with BRICS, SCO & G20 and Global Economic Governance

This book provides an in-depth legal examination of limited partnership in the context of China's venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

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This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.

Legal Perspectives on Venture Capital and Private Equity

The Limited Partnership in China

This book aims to analyse the principles and merits of CSR and ESG approaches using a law and economics perspective. The traditional law and economics view of corporate governance emphasises profit-maximisation and a shareholder-oriented approach. This perspective, famously endorsed by Milton Friedman, suggests that a business's sole social responsibility is to maximise profits within legal boundaries. Consequently, mainstream corporate governance scholarship has focused on structuring and regulating business organisations to achieve efficiency and minimise agency costs arising from diverging interests and asymmetric information among managers, shareholders, and creditors.&nbsp;However, recent decades have seen increased attention to the role and interests of other corporate stakeholders, such as employees, consumers, and communities. This shift includes the concept of corporate social responsibility (CSR), which addresses ethics-based issues like working conditions, human rights, fair competition, and environmental protection. While CSR has often been a form of self-regulation, regulatory schemes now support and incentivise this practice, promoting "stakeholderism" to enhance corporate reputation and profitability while ensuring social accountability.&nbsp;More recently, the focus on business sustainability has intensified under the banner of environmental, social, and governance (ESG) criteria. ESG considerations are now central in the corporate world, influencing ratings, investment decisions, and corporate strategies. Despite support from some scholars and institutions, critics argue that CSR and ESG may fail to benefit stakeholders and could impose high costs on businesses and the economy. Additionally, there are concerns about whether board members and managers are properly incentivised to protect stakeholder interests, as CSR and ESG can sometimes be used to avoid regulation or advance private interests.

Shareholders, Stakeholders, and Beyond

Law and Economics of Corporate Governance

This volume offers cutting-edge research aimed at developing a comprehensive analytical foundation for the interdisciplinary field of investment control and national security. It delves into legal, regulatory, and geopolitical aspects of investment screening, particularly from international, transnational, and comparative law perspectives. This work explores how countries navigate the balance between protecting national security and fostering foreign direct investment in an increasingly complex global environment.

&lt;p&gt;This book provides a practical and intuitive view of how European banks manage asset-liability mismatch risk from both a practitioner and supervisory perspective. After a prolonged period of zero interest rate policy (ZIRP) by central banks around the world, the period from Q1 2022 to Q2 2023 has seen the largest, fastest, and most widespread increase in interest rates since the 1980s, with 1-year euro yields rising by more than 400 bp. The recent market turmoil has exposed the increased vulnerability of banks, particularly those with significant exposures to long-term, fixed income assets, fueled by shorter-term, less stable funding. This challenging interest rate environment reinforces the strategic importance of asset-liability management (ALM) for banks. Indeed, a bank's survival now depends more than ever on prudent ALM. This book introduces the most common components of interest rate risk management within a bank's asset-liability management framework, including the concepts of economic value of equity (EVE), net interest income (NII), funds transfer pricing (FTP), and the replicating model. In addition to bridging the gap between widely used general interest rate risk management techniques in the fixed income area and what is best practice in European banks, the book also provides an update on recent changes in the regulatory framework for European banks' management of interest rate risk in the banking book (IRRBB), including new EBA guidelines. It also covers the latest developments in interest rate risk management, such as rapidly changing interest rates and modeling bank customers' behavior.&lt;/p&gt;


Fidelio Tata

A Guide to Managing Interest Rate Risk in the Banking Book for Practitioners, Regulators, and Supervisors in the EU

Bank Asset-Liability Management

The Law of Political Risk Insurance

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