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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 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.
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...
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.
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.
The relationship between infrastructure governance and the ways we read and represent waste systems, examined through three waste tracking and participatory sensing projects. Waste is material information. Landfills are detailed records of everyday consumption and behavior; much of what we know about the distant past we know from discarded objects unearthed by archaeologists and interpreted by historians. And yet the systems and infrastructures that process our waste often remain opaque. In this book, Dietmar Offenhuber examines waste from the perspective of information, considering emerging practices and technologies for making waste systems legible and how the resulting datasets and visual...
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.
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.
"Direito Privado na Lei da Liberdade Econômica. Comentários" visa a suprir uma insuficiência e fazer um balanço da inserção da Lei Federal n. 13.874/2019 no ordenamento jurídico: preenche-se a ausência de uma abordagem estrita de direito privado às alterações produzidas pelo diploma, que afetou institutos importantes do direito civil e empresarial, e faz-se um balanço que compreende tanto a prática consolidada nos tribunais após quase três anos de sua vigência, quanto as repercussões da pandemia de Covid-19 (evento que colocou abaixo vidas, economias, empresas, contratos, certezas jurídicas) na base ideológica da Lei, a saber: a "intervenção mínima" do Estado. Para tanto, o livro coletivo se debruça sobre seis grandes temas do Direito Privado alterados pela Lei da Liberdade Econômica: a sua principiologia, os "direitos de liberdade econômica", a pessoa jurídica, o direito contratual, o direito da empresa e os fundos de investimento.
A presente coletânea de textos, dividida em duas partes, em que se apresentam conceitos introdutórios de economia aplicados ao Direito, analisa decisões judiciais, avança em matéria societária e contratual, demonstrando que, sem dúvida, no que concerne a direitos patrimoniais, o diálogo entre as duas áreas – direito e economia – tem nos pesquisadores de diversos países, operadores do Direito, força propulsora que ensejará ganhos para a sociedade. Melhor o diálogo do que a batalha que deixa sequelas, muitas vezes irreparáveis. Dialogar com outras áreas do conhecimento, compreender suas dificuldades e metas, foi o que se deu nos Estados Unidos da América, quando economistas, para melhor compreender comportamentos humanos, se debruçaram sobre normas jurídicas e decisões judiciais para explicar seu impacto sobre a economia. Esta obra se propõe introdutoriamente a mesma função, porém especialmente voltada ao direito brasileiro e de países com ordenamento jurídico fundado na civil law.