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Conflict of Interest in Global, Public and Corporate Governance
Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.
Rethinking Reserves in the Swiss Code of Obligations
This work examines reserves in the recently revised Swiss Code of Obligations, which will enter into force 1 January 2023. The analysis focuses on their creation and dissolution, and distinguishes between reserves formed by the board and reserves formed by the general assembly. By focusing on an instrument in the banking sector, the reserves for general banking risks, this work investigates the general assembly’s possibility to delegate the power to form further reserves to the board of directors based on the articles of the association. This question is analyzed in the context of companies limited by shares, limited liability companies, and cooperatives. Finally, the effects of such a delegation and the consequences in a practical view of going to court are analyzed through the Federal Supreme Court’s judgment in a similar topic of delegation.
Swiss Company Law
This book contains a concise presentation of all relevant rules of the Swiss Company Law. It discusses all company forms, including all partnership forms, corporations, the association and the foundation. The author, Lukas Handschin, is Attorney at Law at Zurich and Professor at the University of Basel; he combines concise presentation with academic standards, making this book a reliable source of information for lawyers and practitioners. This book comes as the only concise and complete presentation in English of the Swiss Company Law available in the market. This publication forms part of the "Swiss Law in a nutshell series," with the objective of publishing concise, reliable and complete presentations of choice topics of Swiss Law. The authors are leading academics or practitioners in their field of expertise. The combination of academic excellence and a practical approach make the publications a perfect entry point into Swiss Law for both lawyers and non-lawyers.
Sports Investigations Law and the ECHR
This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.
Corruption and Conflicts of Interest
As in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative an
Speaking for the Dying
Seven in ten Americans over the age of age of sixty who require medical decisions in the final days of their life lack the capacity to make them. For many of us, our biggest, life-and-death decisions—literally—will therefore be made by someone else. They will decide whether we live or die; between long life and quality of life; whether we receive heroic interventions in our final hours; and whether we die in a hospital or at home. They will determine whether our wishes are honored and choose between fidelity to our interests and what is best for themselves or others. Yet despite their critical role, we know remarkably little about how our loved ones decide for us. Speaking for the Dying ...
Proving Bribery, Fraud and Money Laundering in International Arbitration
Analyses pertinent issues of applicable criminal law and evidence for alleged criminal conduct in international investment and commercial arbitration.
Corruption, Asset Recovery, and the Protection of Property in Public International Law
A human rights analysis of international efforts to confiscate wealth in grand corruption cases that focuses on protections for property.
Trust and Distrust
Mark Knights offers the first overview of Britain's history of corruption in office in the pre-modern era, 1600-1850. Drawing on extensive archival material, Knights shows how corruption in the domestic and imperial spheres interacted, and how the concept of corruption developed during this period, changing British ideas of trust and distrust.
