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This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada, both in theory and practice. It is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships and corporations to carry on small businesses as well as a thorough introduction to the law and policy of public company governance. The fourth edition has been fully updated to reflect developments in the caselaw and statutory reforms in the last decade. Dozens of new cases are cited. The 2018 amendments to the Canada Business Corporations Act are discussed, including the requirements for public corporations to report on the diversity of their boards of directors that are not yet in force. The chapters on securities law, corporate governance, and corporate social responsibility have been significantly expanded. As well, features to improve the utility of the book have been added, such as more comprehensive cross-referencing throughout the text.
Note: If you are purchasing an electronic version, MyBusLawLab does not come automatically packaged with it. To purchase MyBusLawLab, please visit http://www.pearsoned.ca/highered/mybuslawlab or you can purchase a package of the physical text and MyBusLawLab by searching for ISBN 10: 0133151565 / ISBN 13: 9780133151565. Managing the Law: The Legal Aspects of Doing Business aims to equip students with the conceptual tools and intellectual skills to identify, assess, and manage the legal risks that arise in the course of doing business. We aim to help students learn how "to think like successful business people."
This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada. Tony VanDuzer discusses both the internal and external functions and relationships of business organizations, and the laws that govern them. The book is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships, and corporations in Canada. As well, it provides students with a thorough introduction to the theory and practice of corporate and partnership law.
This volume provides practitioners, academics and students with the first definitive coverage of NAFTA investment arbitration. Given the level of foreign direct investment within the NAFTA countries, the issue of redress for states in investment cases is a major one. The state dispute settlement mechanisms within NAFTAs Chapter Eleven are recognized as a model worthy of close examination. The experts and scholars who have contributed to this work present a comprehensive overview of the first ten years of practice in the area of investment disputes under the NAFTA provision. As in any nascent undertaking, the successes, failures and controversies that have been the experience of the state par...
The 2014-2015 edition of the Yearbook, covers several important themes. There is a notable focus on country and region-specific developments in countries such as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa, along with regional innovations in Latin America. This edition provides a comprehensive and insightful assessment of reform, and proposals for reform, in investor-state dispute settlement, and in investment law. This edition goes on to assess the topic of states' regulatory autonomy and their ability to protect nationals, and explores the contribution of investment arbitration to the development of international law, and its influence on law in general.
Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject. Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.
In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.
This book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance
Since the end of the Cold War, competition among states has been waged along economic rather than ideological or military lines. In Canada, as elsewhere, this shift has forced a rethinking of the role of intelligence services in protecting and promoting national economic security. The scholars and practitioners featured here explore the aim, existing mandate, and practical applications of economic espionage from a Canadian and comparative perspective, and present a range of options for policy-makers. Economic Intelligence & National Security examines the laws in place to thwart economic spying, and the challenges and ethical problems faced by agencies working clandestinely to support their national private sectors.