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Purpose in Corporate Governance
This volume contains contributions from the Journée de droit de l'entreprise co-organised by the Centre for Business Law of the University of Lausanne (CEDIDAC) and the Enterprise for Society Centre (E4S) – a joint venture of the University of Lausanne, IMD and EPFL –, on 25 May 2021. Contributions by Mathieu Blanc and Jean-Luc Chenaux, Isabelle Romy, Henry Peter and Aurélien Rocher, Jonathan Normand, Damiano Canapa and Aurélien Barakat, Jean-Pierre Danthine and Florence Huguard, Giulia Neri-Castracane, and Boris Nikolov provide an extended overview of the latest developments regarding the increased importance in company law of social elements such as gender equity, human rights and environmental protection.
Lawyering in the International Market
An essential resource for corporate counsel, this accessible text provides detailed practical guidance on international sales agreements, crossborder agency and distribution agreements, franchising, licensing and intellectual property issues, transborder joint ventures, mergers and acquisitions, tax aspects of international transactions, and crossborder dispute resolution. Published under the Transnational Publishers imprint.
An International Approach to the Interpretation of the United Nations Convention on Contracts for the International Sale of Goods (1980) as Uniform Sales Law
In 1980, the United Nations Convention for the International Sale of Goods (CISG) came into being as an attempt to create a uniform commercial sales law. This book, first published in 2007, compares two major restatements - the UNIDROIT Principles and the Principles of European Contract Law (PECL) - with CISG articles. This work has gathered scholars and legal practitioners from twenty countries who contribute analysis on the various issues covered in the articles of the CISG comparing them with how the issue is treated in the UNIDROIT and PECL restatements.The introductory section of the book addresses theoretical and practical issues of the appropriate interpretive methodology as mandated in CISG Article 7 and it is followed by individual analyses of the Convention's provisions.
Intellectual Property Law in Switzerland
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Switzerland. It covers every type of intellectual property right in depth – copyright and neighbouring rights, patents, utility models, trademarks, trade names, industrial designs, plant variety protection, chip protection, trade secrets, and confidential information. Particular attention is paid throughout to recent developments and trends. The analysis approaches each right in terms of its sources in law and in legislation, and proceeds to such legal issues as subject matter of protection, conditions of protectio...
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Intermediated Securities
In today's financial markets, investors no longer hold securities physically. Instead, securities such as shares or bonds are mostly held through intermediaries and transferred by way of book-entries on securities accounts. However, there are remarkable conceptual differences between the various jurisdictions with regard to the legal treatment of intermediated securities. It is widely agreed that this patchwork creates considerable legal risks, especially in cross-border situations. Two initiatives are in place to reduce these risks. In 2009, the UNIDROIT Convention on Substantive Rules for Intermediated Securities (the 'Geneva Securities Convention') was adopted, aimed at harmonisation on the international level. The EU Commission is also running a legislative project, to achieve harmonisation at the regional level. This book compares both initiatives and analyses their impact on the securities laws of selected European jurisdictions.
Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
The Right to Research in Africa
This book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing la...
Abuse of Dominant Position and Globalization & Protection and Disclosure of Trade Secrets and Know-How
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between...
Die digitale Aktie
Im Jahr 2021 setzte die Schweiz mit der Einführung des DLT-Gesetzes einen globalen Präzedenzfall, indem sie die rechtlichen Grundlagen für die Tokenisierung von Aktien schuf. Die daraus resultierende digitale Aktie gilt in Fachkreisen als Grundbaustein für den Kapitalmarkt der Zukunft. Diese Dissertation stellt die erste umfassende privatrechtliche Analyse der digitalen Aktie dar. Die Arbeit verortet die digitale Aktie zunächst rechtsdogmatisch und führt sie dann in das schweizerische Privatrecht ein, mit einem besonderen Fokus auf das Aktien- und Wertpapierrecht. Ein Kernstück dieser Untersuchung bildet die Identifikation und Lösung von «Störstellen» – Konflikten zwischen Recht...
