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Revista De Direito Mercantil 178-179
1 – “Respostas estruturais para os grandes ilícitos empresariais” (autor: Calixto Salomão Filho) 2 – “Governança Corporativa e Diversidade Racial no Brasil” (autor: Carlos Portugal Gouvêa) 3 – “A Crise e o Quadro Normativo da Gestão Monetária” (autores: Luís Fernando Massoneto e Gustavo Jorge Silva) 4 – “A tecnologia de registros distribuídos e o Real Digital como ferramentas para o desenvolvimento do mercado de capitais brasileiro?” (autor: Rafael Viana de Figueiredo Costa) 5 – “Inovação bancária e as fragilidades ao processo de colaboração compulsória imposta às instituições financeiras na detecção dos indícios de lavagem de dinheiro” (aut...
Directors & Officers (D & O) Liability
In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.
The Latin American Casebook
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
Mestizo International Law
The development of international law is conventionally understood as a history in which the main characters (states and international lawyers) and events (wars and peace conferences) are European. Arnulf Becker Lorca demonstrates how non-Western states and lawyers appropriated nineteenth-century classical thinking in order to defend new and better rules governing non-Western states' international relations. By internalizing the standard of civilization, for example, they argued for the abrogation of unequal treaties. These appropriations contributed to the globalization of international law. With the rise of modern legal thinking and a stronger international community governed by law, peripheral lawyers seized the opportunity and used the new discourse and institutions such as the League of Nations to dissolve the standard of civilization and codify non-intervention and self-determination. These stories suggest that the history of our contemporary international legal order is not purely European; instead they suggest a history of a mestizo international law.
A Legal Theory of Economic Power
In this provocative book Calixto Salomao Filho builds a strong case for why economic power cannot be considered a mere market phenomenon. Taking the forgotten realities and effects of these power structures into account, his comprehensive legal analysis persuasively argues the need for a new theory of economic power. The book begins with a discussion of the insufficiency of antitrust concepts and instruments. The author provides an economic history of monopolistic colonial systems and its effect on the development process, and offers an alternate paradigm of legal structuralism and social organization. He goes on to explore the creation of economic power structures with a cogent discussion o...
Western Africa and Cabo Verde, 1790S-1830S
Western Africa and Cabo Verde, 1790s-1830s; Symbiosis of Slave and Legitimate Trades addresses the collaboration of slave traders and shipmasters engaged in legitimate commerce. This monograph is the third volume of a trilogy treating the history of western Africa from the 11th to the 19th centuries. It follows Landlords and Strangers; Ecology, Society, and Trade in Western Africa, 1000-1630 (Westview Press 1993) and Eurafricans in Western Africa; Commerce, Social Status, Gender, and Religious Observance from the Sixteenth to the Eighteenth Century (Ohio University Press, 2003). All three monographs describe commercial, social, and cultural links between the Cape Verde archipelago, Senegal, The Gambia, Guinea-Bissau, Guinea-Conakry, and Sierra Leone.
Fusões e Aquisições
Apesar da importância das fusões e aquisições (M&A) no cenário jurídico nacional, seu estudo esbarra na ausência de publicidade sobre as disputas pertinentes à matéria no Brasil, usualmente decididas mediante arbitragem confidencial. Fusões e Aquisições: Pareceres contribui para o acervo de conhecimento no campo ao congregar pareceres jurídicos sobre a matéria emitidos por muitos dos mais renomados juristas nacionais, cujas teses foram vencedoras nas controvérsias em questão. A obra destina-se a estudantes e profissionais do Direito interessados em fusões e aquisições, incluindo advogados de consultivo e contencioso, árbitros, juízes, professores e pesquisadores.
The Cambridge Handbook of Class Actions
Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
The Hispano-Portuguese Empire and Its Contacts with Safavid Persia, the Kingdom of Hormuz and Yarubid Oman from 1489 to 1720
Given the important role that the Portuguese played in the Persian Gulf from 1507 to 1720, knowing what is available about their activities in this area is not only of importance to those interested in the history of Portugal, but also of those interested in the history of Bahrein, Iran, Iraq, Oman, Qatar, eastern Saudi Arabia and the United Arab Emirates. This bibliography of printed published works therefore contains a full list of primary and secondary sources, not only in Western languages, but also in Persian, Arabic and Turkish. It aims to facilitate the work of scholars and students, but also of the non-specialist, i.e. those among the general public who want to know more about this part of the world during the sixteenth and seventeenth centuries and about the activities of the Portuguese. Although other bibliographies exist that include the activities of the Portuguese in the Persian Gulf, all are in need of updating, and none are as comprehensive as this bibliography.
Revista de Direito Mercantil industrial, econômico e financeiro
Doutrina e Atualidades: 1 – “Intuitu Commercium: Reflexões Sobre a Influência a Dinâmica Empresarial nos Contratos Personalíssimos” (autor: Rodrigo Rocha Feres Ragil) 2 – “A Falácia das Patentes na Visão Crítica de Boldrin e Levine” (autores: Leonardo Toledo da Silva e Rafael Dias Côrtes) 3 – “Beyond Legal Formalism in Brazil: The Law and Poverty Group Experience” (autores: Carlos Pagano Botana Portugal Gouvêa, Lilian Manoela Monteiro Cintra de Mello e Raquel de Mattos Pimenta) 4 – “O Direito Registral Empresarial” (autor: José Engrácia Antunes) 5 – “El Desafío de la Normativa Concursal Italiana para Lograr la Eficacia de los Procedimientos” (autora:...
