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              Books published by Kluwer Law International

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              Remedies in EU Competition Law: Substance, Process and Policy
                

              Remedies in EU Competition Law: Substance, Process and Policy (Hardback)

              Edited by Gerard, Damien; Komninos, Assimakis

              • RRP: $519.50
              • $519.50
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              By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives ...of substance, process and policy. The present volume, developed in partnership with the College of Europe's Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC's incomparable network. The contributions - originally presented at the 2019 GCLC annual conference - examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission's competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today's digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
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              ISBN 9789403522418
              Released NZ 10 Jul 2020
              Publisher Kluwer Law International
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              Cybersecurity: Key Legal Considerations for the Aviation and Space Sectors
                

              Cybersecurity: Key Legal Considerations for the Aviation and Space Sectors (Hardback)

              By Bergamasco, Federico; Cassar, Roberto; Popova, Rada

              • RRP: $610.50
              • $610.50
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              Cybersecurity Key Legal Considerations for the Aviation and Space Sectors Federico Bergamasco, Roberto Cassar, Rada Popova & Benjamyn I. Scott As the aviation and space sectors become ever more connected to cyberspace and reliant on related technology, they become more vulnerable... to potential cyberattacks. As a result, cybersecurity is a growing concern that all stakeholders in both sectors must consider. In this forward-looking book, which is the first comprehensive analysis of the relevant facets of cybersecurity in the aviation and space sectors, the authors explore the vast spectrum of relevant international and European Union (EU) law, with specific attention to associated risks, existing legal provisions and the potential development of new rules. Beginning with an overview of the different types of malicious cyber operations, the book proceeds to set the terminological landscape relevant to its core theme. It takes a top-down approach by first analysing general international and EU law related to cybersecurity, then moving to the more specific aspects of the aviation and space sectors, including telecommunications. Finally, the salient features of these analyses are combined with the practical realities in the relevant industries, giving due regard to legal and regulatory initiatives, industry standards and best practices. The broad range of issues and topics covered includes the following and more: whether the various facets of the international law on conflict apply in cyberspace and to cyberattacks; substantial policy and regulatory developments taking place at the EU level, including the activities of its relevant institutions, bodies and entities; jurisdiction and attributability issues relevant to cybersecurity in the aviation and space sectors; vulnerability of space systems, including large constellations, to malicious cyber activities and electromagnetic interference; various challenges for critical infrastructure resulting from, e.g., its interdepen
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              ISBN 9789403501109
              Released NZ 9 Jul 2020
              Publisher Kluwer Law International
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              Permanent Establishment: Erosion of a Tax Treaty Principle
               

              Permanent Establishment: Erosion of a Tax Treaty Principle (Hardback, 2nd edition)

              By Aage Skaar, Arvid

              • RRP: $1,827.99
              • $1,827.99
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              A new edition of the preeminent work on the permanent establishment (PE) is a major event in tax law scholarship. Taking into account changes in judicial and administrative practice as well as the Organisation for Economic Co-operation and Development's (OECD's) and the United Na...tion's (UN's) work in the three decades since the first edition, the present study brings the analysis up to date with the current internationally accepted interpretation of PE. The analysis is based on more than 720 cases from more than 20 countries, in addition to the OECD and UN model treaties and more than 630 books, articles, and official documents. The increased significance of the digital economy has rendered the traditional concept of PE inadequate for the allocation of taxing jurisdiction over the modern, mobile or digital international business. The author's in-depth analysis explains the legal elements of the PE principle with attention to their continuing benefit and their shortcomings: criteria defining a PE- place of business, location, right of use, duration, business connection, business activity, ordinary course of business; evidence of a right of use to a place of business; business activities included in the PE concept of the tax treaties; identification of projects offshore and onshore; UN model treaty deviations from the OECD agency clause; distinction between jurisdictions with significant natural resources and countries possessing the capital, technology and know-how necessary to explore and exploit these resources; and how policies in each country may erode the PE concept. The book provides many synopses of court decisions and administrative rulings upon which the analysis is based. In addition to cases previously published in law reports and other publications, a number of unpublished decisions are included. A key word index makes it easy to find what is needed in any particular matter. The PE principle, in one version or another, is used in several thousand tax trea
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              ISBN 9789403520612
              Released NZ 19 Jun 2020
              Publisher Kluwer Law International
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              Mens Rea in EU Antitrust Law
                

              Mens Rea in EU Antitrust Law (Hardback)

              By Blockx, Jan

              • RRP: $493.50
              • $493.50
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              Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an 'objective' approach to antitrust enforcement leaves little room for subjective elements like i...ntentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the 'guilty mind', thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the 'meeting of minds' in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.
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              ISBN 9789403523538
              Released NZ 9 Jul 2020
              Publisher Kluwer Law International
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              Constitutional Law in Kazakhstan
               

              Constitutional Law in Kazakhstan (Paperback)

              By Shangirbayeva, Beibit

              • RRP: $310.99
              • $310.99
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              Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Kazakhstan provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawye...rs who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Kazakhstan will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
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              ISBN 9789403525754
              Released NZ 21 Jul 2020
              Publisher Kluwer Law International
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              Labour and Employment Compliance in Spain
               

              Labour and Employment Compliance in Spain (Paperback, 8th edition)

              By Del Rey, Salvador; Campos, Ana; Galvez Duran, Sergi

              • RRP: $244.99
              • $244.99
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              Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook - focuses on the re...levant laws and regulations in Spain. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Spain on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers' compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
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              ISBN 9789403525419
              Released NZ 21 Jul 2020
              Publisher Kluwer Law International
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              Labour and Employment Compliance in the Republic of Korea
                

              Labour and Employment Compliance in the Republic of Korea (Paperback, 6th edition)

              By Wook Cho, Sang; Lee, Soojung; Mandel, Christopher

              • RRP: $244.99
              • $244.99
              • Not Yet Available

              Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook - focuses on the re...levant laws and regulations in the Republic of Korea. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in the Republic of Korea on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers' compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
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              ISBN 9789403525211
              Released NZ 21 Jul 2020
              Publisher Kluwer Law International
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              Labour and Employment Compliance in Italy
               

              Labour and Employment Compliance in Italy (Paperback, 8th edition)

              By Zambelli, Angelo

              • RRP: $244.99
              • $244.99
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              Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book - one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook - focuses on the re...levant laws and regulations in Italy. It is thoroughly practical in orientation. Employers and their counsel can be assured that it fulfills the need for accurate and detailed knowledge of laws in Italy on all aspects of employment, from recruiting to termination, working conditions, compensation and benefits to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: written and oral contracts interviewing and screening evaluations and warnings severance pay reductions in force temporary workers trade union rights wage and hour laws employee benefits workers' compensation safety and environmental regulations immigration law compliance restrictive covenants anti-discrimination laws employee privacy rights dispute resolution recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable fines and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
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              ISBN 9789403525143
              Released NZ 21 Jul 2020
              Publisher Kluwer Law International
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              Competition Law in Argentina
               

              Competition Law in Argentina (Paperback, 3rd edition)

              By Toom, Marcelo den

              Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Argentina covers every aspect of the subject - the various forms of restrictive agreements and abuse of dominance prohibited by law and... the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities' powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Argentina will welcome this ve
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              ISBN 9789403522852
              Released NZ 21 Jun 2020
              Publisher Kluwer Law International
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              Corporate Acquisitions and Mergers in the United States
                

              Corporate Acquisitions and Mergers in the United States (Paperback, 2nd edition)

              By Sekhon, Vijay

              • RRP: $310.99
              • $310.99
              • Not Yet Available

              Derived from Kluwer's multi-volume Corporate Acquisitions and Mergers, the largest and most detailed database of M&A know-how available anywhere in the world, this work by a highly experienced partner in the leading international law firm Sidley Austin LLP provides a concise, pra...ctical analysis of current law and practice relating to mergers and acquisitions of public and private companies in the United States. The book offers a clear explanation of each step in the acquisition process from the perspectives of both the purchaser and the seller. Key areas covered include: structuring the transaction; due diligence; contractual protection; consideration; and the impact of applicable company, competition, tax, intellectual property, environmental and data protection law on the acquisition process. Corporate Acquisitions and Mergers is an invaluable guide for both legal practitioners and business executives seeking a comprehensive yet practical analysis of mergers and acquisitions in the United States. Equivalent analyses of M&A law and practice in some 50 other jurisdictions, all contributed by leading law firms, are accessible on-line at www.kluwerlawonline.com under Corporate Acquisitions and Mergers.
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              ISBN 9789403523408
              Released NZ 21 Jun 2020
              Publisher Kluwer Law International
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