bluuebunny/crossref_metadata_2025 huggingface dataset:
Understanding Innovation
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Introduction The importance of innovation is well known, yet in many ways < innovation’ itself needs to be better understood. In part this results from terminological confusion. Innovation is sometimes confused with invention: the creation of a new idea and its reduction to practice. The definition of innovation as the successful exploitation of new ideas involves much more than the creation of ideas and includes the ways in which they are developed, diffused, and exploited. Innovation is at once an outcome, a new product, process, or service, and a process of organizational and managerial combinations and decisions; the two cannot be treated synonymously. An innovation, by definition, is successful (although this may be limited or short-lived, and bearing in mind the discussion in Chapter 1 about the ambiguity surrounding definitions of success and failure). Any innovation process, in contrast, can fail to support the successful exploitation of new ideas.
Managing Diversity 1965–1973
Authors: Jones Geoffrey
Published: November 2023

Decision-making at Unilever was a complex affair. This was hardly surprising given that it consisted of two parent companies in two countries with two chair- men and two head offices, that it operated in so many industries, and that it had grown through numerous mergers and acquisitions. George Cole (created Lord Cole in 1965), the chairman of Unilever Ltd, compared the company to a fleet of ships in a newspaper interview in 1963. ‘Firms ‘, he told his interviewer, ‘are often compared to ships. Well, Unilever is not a ship, it is a fleet—several different fleets, several hundred subsidiary companies—and the ships many different sizes, doing all kinds of different things, all over the place. ‘.
New and Old Worlds, 1974–1983
Authors: Jones Geoffrey
Published: November 2023

Unilever faced a dramatic deterioration in the world economy after 1973. Inflation soared, and there was a major world recession. At the end of the decade a second oil price shock was followed by another major recession. The era of economic miracles gave way to one of cyclical volatility. In many emerging markets, the political environment for large foreign firms also deteriorated sharply, as governments sought to restrict or control their operations. This harsh external environment was difficult for all firms, but Unilever’s wide span of businesses posed an almost unique managerial challenge, especially as its organizational culture con- strained the prioritization of resource allocation.
Corporate Image and Voice
Authors: Jones Geoffrey
Published: November 2023

By the 1960s a large corporation such as Unilever could no longer function as an enclosed world which existed solely to sell its goods and services in the market place. As the era of wartime austerity gave way to rising incomes, governments, consumers, and others began to take a more critical look at the strategies of big business. Governments passed an increasing number of laws and regulations which affected the way firms could operate. US-style anti-trust laws began to find their way into the legislation of European countries. The impact of multinational firms operating across borders became an object of growing concern, and also of criticism, especially as many people in former colonial countries sought reasons for their poverty compared to the industrialized West. As the structure of corporate share- holding moved from individuals to institutions, the financial community also began to demand more information about the strategy of firms.
Breaches in the Boardroom: Organizational Identity and Conflicts of Commitment in a Nonprofit Organization
Authors: Golden-Biddle Karen , Rao Hayagreeva
Published: November 2023

Since the publication of Berle and Means’s (1932) classic thesis on the separation of ownership from management in large organizations, students of corporate governance have grappled with the problem of how to reduce potential conflicts of interest between shareholders and managers (Fligstein and Freeland 1995; Useem 1996). Agency theory, the dominant approach to research on corporate governance, holds that the separation of ownership from management constitutes an efficient division of labor. 14
Normative stakeholder theorizing
Authors: Friedman Andrew L , Miles Samantha
Published: November 2023

Normative stakeholder theory is popularly considered to be the heart or core of stakeholder theory. However, there are considerable problems with this.1 The very definition of normative theory is contested. Normative can refer to: The norms or standard practices of society as it exists. The way one would live in an ideal ‘good’ society. What we ought to do, either in order to achieve a good society or unconnected with any notion of the ‘good’.
The Small Adjective Class in Jarawara
Authors: Dixon R M W
Published: November 2023

Jarawara has a small closed class of adjectives, for which fourteen members are attested. The adjectives are non-verb-like, functioning as modifier within an NP and as copula complement They show some similarities with inalienably possessed nouns in that both can function as modifier within an NP. However, there are a number of dear criteria for distinguishing between the classes (for example, a possessed noun cannot, on its own, function as copula complement). there is also some superficial similarity between adjectives and the nominalized forms of verbs but, when examined in detail, these too can be distinguished.
The Distinction Between Movable and Immovable Property
Authors: Carruthers Janeen M
Published: November 2023

The law of property is concerned with the creation, acquisition, disposal, transmission, and extinction of rights in, and over, particular objects of property. Where questions of private international law arise in conjunction with a property issue, the character of the property in question (and of interests therein),1 the nature of the particular transaction,2 and the precise description of the property rights involved can be rather clouded.3
Human Rights Responsibilities of Businesses as Non-State Actors
Authors: Weissbrodt David , Kruger Muria
Published: November 2023

In August 2003 the UN Sub-Commission on the Promotion and Protection of Human Rights approved the ‘Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights’ (‘Norms’) in its resolution 2003/16. The Norms represent a landmark step in holding businesses accountable for their human rights abuses and provide a succinct, but comprehensive restatement of the international legal principles applicable to businesses with regard to human rights, humanitarian law, international labour law, environmental law, consumer law, anti-corruption law, etc.
The Responsibility of the Management and of the Board and Its Enforcement
Authors: Fleischer Holger
Published: November 2023

‘The directors of such companies, however, being the managers rather of other people’s money than of their own, it cannot well be expected that they should watch over it with the same anxious vigilance with which the partners in a private company frequently watch over their own. Like the stewards of a rich man, they are apt to consider attention to small matters as not for their master’s honour, and very easily give themselves a dispensation from having it. Negligence and profusion, therefore, must always prevail more or less, in the management of the officers of such a company’.
Mandatory Bids, Squeeze-Outs and Similar Transactions
Authors: Burkart Mike , Panunzi Fausto
Published: November 2023

The European Commission’s draft directive proposes to introduce a squeeze-out right and a sell-out right and to set the price in a mandatory bid equal to the highest price paid in the 6 or 12 preceding months. Drawing on the existing literature, this paper analyses these three new provisions. In takeovers of widely held targets, the squeeze-out right and the sell-out right have the potential to resolve the collective action problem among shareholders, thereby ensuring the success of value increasing takeovers and the failure of value-decreasing takeovers. Unlike the sell out right, the mandatory bid rule requires competition by the incumbent to provide additional shareholder protection. In firms with a dominant shareholder, the mandatory bid rule eliminates inefficient control transfers at the cost of discouraging more efficient control transfers.
Telecommunications, Intellectual Property, And Standards
Authors: Cunningham Alan
Published: November 2023

The purpose of this chapter is to explore some of the issues surrounding the intersection of technical standards in telecommunications and intellectual property (IP) in telecommunications. The central conceptual controversy between the two is quite simple. Both standards and IP are important to the telecommunications industry. Standards are required in order to produce certain technological, social, and economic benefits; IP rights are also required in order to produce other technological, social, and economic benefits.
Communications Privacy
Authors: Millard Christopher
Published: November 2023

The jurisprudence of privacy has a fragmented history. Privacy, as a distinct legal concept, probably has its origins in an essay published in the Harvard Law Review in 1890. In ‘ The Right to Privacy’,1 Samuel Warren and Louis Brandeis reviewed the long history of protection under the English common law for various individual liberties and private property, and extrapolated a general ‘ right to privacy’. Ironic- ally, more than a century later, the US still does not have a privacy law with general application to the private sector.
The International Regulatory Regime
Authors: Walden Ian
Published: November 2023

Telecommunications is an inherently transnational technology. As such, the development of telecommunications has always required substantial cooperation and agreement between nation states. Cooperation can be seen at a number of different levels, including the need for adherence to certain standards, both technical and operational. Historically, the need for on-going cooperation between states has meant the establishment of intergovernmental organizations, of which the Inter- national Telecommunication Union (ITU) lays claim to the oldest pedigree. These intergovernmental institutions have been responsible for laying down much of the framework that comprises international telecommunications law and regulation.
A Brief History of Computational Morphology
Authors: Roark Brian , Sproat Richard
Published: November 2023

Automatic morphological analysis dates back to the earliest work in computational linguistics on Machine Translation during the 1950s (Andron, 1962; Woyna, 1962; Bernard-Georges et al., 1962; Boussard and Berthaud, 1965; Vauquois, 1965; Schveiger and Mathe, 1965; Matthews, 1966; Brand et al., 1969; Hutchins, 2001). There have been many applications over the years including the Porter stemmer (Porter, 1980) heavily used in information retrieval applications (Dolby et al., 1965; Attar et al., 1978; Choueka, 1983; Büttel et al., 1986; Meya-Lloport, 1987; Choueka, 1990; Koskenniemi, 1984), spelling correction (McIlroy, 1982; Hankamer, 1986), text input systems (Becker, 1984; Abe et al., 1986), and morphological analysis for text-to-speech synthesis (Allen et al., 1987; Church, 1986; Coker et al., 1990). Many of these earlier applications used quite ad hoc approaches including hard-coding much of the linguistic information into the system. For example, in the system reported in Coker et al. (1990), a lot of the morphological analysis is mediated by tables coded as C header files and spelling-change rules written as C functions.
Enriched Context-free Approaches to Syntax
Authors: Roark Brian , Sproat Richard
Published: November 2023

Syntactic disambiguation often depends on information that goes beyond what syntacticians typically consider, such as semantic and pragmatic considerations. For example, consider the following two prepositional phrase (PP) attachment ambiguities:

(1) Sandy ate a salad with a fork

(2) Sandy ate a salad with a vinaigrette
How a Superportfolio Emerges: Long-Term Capital Management and the Sociology of Arbitrage
Authors: Mackenzie Donald
Published: November 2023

Of all the contested boundaries that define the discipline of sociology, none is more crucial than the divide between sociology and economics. Despite his synthesizing ambitions, Talcott Parsons played a critical role in reinforcing this divide. The economy, argued Parsons and Smelser (1956: 7) is a ‘differentiated subsystem of a more inclusive social system’. Conventional neoclassical economics could, Parsons believed, quite appropriately be applied to that subsystem. The technical core, so to speak, of the workings of market economies was the business of economists, not of sociologists.
The Values and Beliefs of European Investors
Authors: Bondt Werner De
Published: November 2023

How are the values and beliefs of investors linked to the perceived attractiveness of asset classes and investment strategies? How do self-confidence, financial sophistication, and trust in expert financial advisors influence investment strategy? Little is known about these important questions.
The Return of Bureaucracy: Managing Dispersed Knowledge in Global Finance
Authors: Clark Gordon L , Thrift Nigel
Published: November 2023

In the public mind, the paraphernalia of international finance are well known: the trading floor full of shouting, brightly colored bodies, the dealing room full of macho adrenaline addicts, periodic financial crises signaled by serious-looking commentators standing outside the headquarters of a troubled financial institution, and so on. It would be fair to say that these kinds of images are foremost in many academic minds as well, but translated into the underlying processes that they are assumed to represent: a frantic search for profit, the hyper-speed of communication driven by remorseless technological advance, and the crisis-prone nature of capitalism.
Sports Injuries
Authors: Barrie MA Peter
Published: November 2023

There is no special category in law relating to sports. Liability issues are determined by the ordinary law of negligence and assault, and by the application of the defence of the willing acceptance of risks. The law is found in the cases, and therefore this chapter takes the form of an extended set of case notes.
Deliberately Intended Injury
Authors: Barrie MA Peter
Published: November 2023

The law in relation to deliberately intended injuries has an old fashioned feel. The terminology of assaults is confusing and the cause of action in trespass is less flexible than negligence, with sometimes unexpected consequences for issues such as limitation and the assessment of damages. Assault, battery and false imprisonment are all kinds of trespass to the person.
Injuries Causing Death
Authors: Barrie MA Peter
Published: November 2023

There are two different situations to consider. The first is where an injury has resulted in a condition which will later result in the death of the claimant, who has not yet died. A common example is a person who has contracted an illness which is likely to result in premature death. The second situation is where death has happened and the survivors of the deceased wish to bring a claim.
Provisional Damages
Authors: Barrie MA Peter
Published: November 2023

The traditional method of compensating a claimant for a chance of future deterioration is to award an additional amount of damages for the chance as part of a single, final lump sum award. The added award is a proportion of the full damages which would compensate for the deterioration, and the proportion is decided according to the likelihood of the deterioration. The reasoning is often not made explicit: the judge simply announces that he has taken into account the risk of deterioration in making his award. On this basis, the assessment of damages will almost always be wrong. If the deterioration is avoided, the claimant has received too much; and if it does happen he has received too little.
Before Court Proceedings Begin
Authors: Barrie MA Peter
Published: November 2023

It is a guiding principle of the Woolf reforms that claims should be conducted with a view to reaching a settlement wherever possible without the need to issue court proceedings. Work to establish the merits and value of a claim must therefore be done on both sides without waiting for the framework of litigation.
The Meaning Of The Concept Of Concentration
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

Recital 20 of Regulation 139/2004 defines concentrations in such a manner as to cover operations bringing about a lasting change in the control of the undertakings concerned and therefore in the structure of the market. The principle of Recital 20 is explained and developed in the five paragraphs of Article 3 of the new Merger Regulation. Paragraph 1 distinguishes between two general methods of concentration: mergers and takeovers. Paragraph 4 deals with joint ventures, and states that those that carry out the functions of an independent economic entity on a permanent basis are concentrations. Paragraphs 2 and 3 define the concept of control.
Commission Policy As Regards Joint Ventures Within The Scope Of The Merger Regulation
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

Regulation 1310/97 and the Notice on the concept of full-function joint ventures of 2 March 19981 led to a major change in the Commission ‘s policy as regards joint ventures that come within the Merger Regulation. This new policy was con- firmed by Regulation 139/2004. In order to understand the scope and consequences of this new policy, first it is necessary to explain what the situation was before Regulation 1310/97 came into force. Prior to this Regulation, the former Merger Regulation had laid down a distinction that became the subject of interminable academic debate during the initial years of its application, both in legal and economic circles, regarding the difference between concentrative and cooperative joint ventures.
Community Dimension
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The new Merger Regulation is based on a division of competences between the Commission, which has the power to examine concentrations with a Community dimension, and national competition authorities, which assess concentrations with a national dimension. This clear delimitation of competences is consistent with the need to deal rapidly and efficiently with the structural modifications set out in the previous Chapter, at the least cost possible for undertakings and the market. The aim continues to be to avoid the previous system (which still exists for concentrations not covered by the Merger Regulation), which entailed certain undertakings involved in one concentration having to notify separately the authorities in different Member States.
Definition Of Relevant Market
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The definition of relevant market is of fundamental importance in the control of concentrations. The Commission bases its policy on the systematic analysis of the markets affected by a concentration and considers that this analysis must be expressly reflected in its decisions. Clearly, the market definition used in a specific case determines the framework in which the analysis of the impact of the concentration on competition will be carried out. The definition of both the relevant product market and the relevant geographic market constitute in themselves the identification of the competitive forces to which undertakings are subject. As a result, the evaluation of the impact that a concentration may have on the conditions of competition is to a great extent determined by the framework established when defining the relevant market.
Creation Or Reinforcement Of An Individual Dominant Position
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

Test of compatibility with the common market. Special features of the concept of dominant position contained in the Merger Regulation Article 2(3) of the new Merger Regulation states as follows: A concentration which would significantly impede effective competition, in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, shall be declared incompatible with the common market. This text therefore establishes a means of evaluating concentrations on the basis of structural market considerations and not in terms of industrial policy or other similar policies.
Oligopolies And Collective Dominant Positions
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

It took the Commission almost three years to tackle properly oligopolies under the Merger Regulation, Nestlé/Perrier being the first case in which oligopolistic markets were examined in depth. It is a remarkable coincidence that the first oligopoly case where approval of a merger creating collective dominance was subject to conditions and obligations concerned the French market for mineral water, since Cournot, one of the first economists to develop models to analyse oligopolies, was French
Restrictions on competition in concentrations: the application of article 81 of the EC treaty to Joint ventures and ancillary restrictions
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The system established by Regulation 1310/97 and consolidated by Regulation 139/2004 not only introduced an important new means of allocating competences between different jurisdictions in the assessment of concentrations and an extension of the scope of the established procedure for the control of Community concentrations. It also involved a significant change in the assessment criteria used by the Commission in determining whether or not a concentration is compatible with the common market.
Conclusion
Authors: Bruce Steve
Published: November 2023

The Introduction to this book opened with a written self-description of the physiognomy of a late seventeenth-century English protestant merchant named Samuel Jeake, owner of, among other things, four ‘books on physiognomy’. I have tried to show how the indistinct emblematic image of Jeake’s physiognomy, which arises through the present-day reader’s mind via the written words Jeake used to describe himself, can be grasped through the play of the shadows and the light of the ongoing reconfiguration of the relationship between what was understood to be ‘science’, ‘art’, ‘natural magic’, and ‘occult’ in early modern European culture.
Grand Theories And Mid Range Theories Cu Lt Ural Effects On Theorizing And The Attempt To Understand Active Approaches To Work
Authors: Frees Michael
Published: November 2023

As is true of all human behavior, theory building is based on environmental forces and on person factors. It has been my curse and my blessing to be overactive. My overactive nature led me to believe that it was good to be active and to be in control of things. Therefore, I quickly embraced theories that seemed to correspond with this prejudice. The three theories that seemed to encompass what I stood for were Rotter’s cognitive behaviorist theory (Rotter, Chance, and Phares, 1972), Seligman’s learned helplessness theory (Seligman, 1975), and Hacker’s action (regulation) theory (Hacker, 1973; Volpert, 1974). Both Rotter’s as well as Hacker’s theories were indirectly related to a common source.
Recent Developments in Below-the-Line Marketing Communications
Authors: Fill Chris
Published: November 2023

The rapid growth and development of technology over the past two decades has had an enormous impact on the form and nature of the marketing communications used by organizations. Originally, mass communications, predominantly advertising, represented the only realistic way of reaching large audiences in a cost-effective manner. Advances in information systems and technology (IST) have enabled new channels and communication tools to be developed, which in turn has stimulated the design of alternative, more targeted, and personalized communication opportunities. Two main forms of communication can be identified: (a) advertising (which uses paid-for media) and (b) all other tools (which do not use paid- for media).
Linking Resource Allocation to Strategy
Authors: Bower Joseph L , Doz, Yves L , Gilbert Clark G
Published: November 2023

The fall of the Berlin Wall on 9 November 1989 was a watershed event. Although 400,000 Soviet troops remained in East Germany, and the economy was completely cut off from the West by separate laws and a non-convertible currency, it was clear that the economic tectonic plates were going to shift. The East German market would open. How should a major multinational manufacturer of consumer goods respond to events that clearly affected their business in Europe? Conventional thinking about corporate strategy would lead one to imagine the process of making strategy to begin with the assembly of a corporate-level task force to study the demand and competitive conditions in the market that would soon be opening. Some assessment of strengths and weaknesses and opportunities and threats (SWOT) would follow.
Corporate Intervention in Resource Allocation
Authors: Eisenmann Thomas R
Published: November 2023

In Part III, we discussed how senior executives manage traditional, ‘bottom-up’ resource allocation processes to shape strategy. In Part IV, we now consider circumstances in which corporate executives bypass bottom-up processes altogether and assume responsibility for defining investment plans.Part IV explores two interrelated issues regarding the role of the corporate office within large, complex, diversified companies. First, when should a CEO play the primary role in defining unit-level strategies, rather than simply reviewing and ratifying proposals advanced by lower-level executives? Second, when should a diversified corporation reduce its equity ownership in certain business units below 100 per cent, thereby relaxing corporate control over strategic resource allocation processes within these units?.
Private Law Regimes Applicable to Seafarers
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Seafarers’ rights can exist at several different levels. At the highest theoretical level, those rights may exist in the form of public international law Conventions made between States. Some of these rights and the means of their enforcement at the international and the national level have been considered in the preceding Chapters. Of much more immediate concern to seafarers themselves will be their actual rights at sea level, for example, their rights against their employer to receive wages or to obtain compensation for injury. Lawyers would generally classify these rights as private law rights, namely, rights arising between individuals (including companies for these purposes) as opposed to public law rights which may exist between or against States (including States authorities).
Introduction to National Chapters
Authors: Fitzpatrick D , Anderson M
Published: November 2023

The countries are a mixture of what are regarded primarily as flag States or crew supply States, and countries that play an important role as port States. They include traditional maritime States such as Greece, Norway and the UK, and registers created to attract tonnage but without a traditional maritime heritage, such as Panama, Liberia and Cyprus. Amongst the countries discussed, Brazil and Norway have established second or international registers, and Russia is considering such a development. The 12 jurisdictions are of wide geographical spread and incorporate a mixture of sources of law. All the countries are members of the United Nations, the International Labour Organization and the International Maritime Organization.
Norway
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Norway developed as a seafaring nation as a consequence of its long coastline and inaccessible mountainous interior. Since the turn of the century, Norway has been one of the world’s leading shipping nations. However, with the development of open and offshore registers after the Second World War, Norway experienced a steady decline in the size of its commercial fleet. In response to this, in 1987, the government 7created a second register, the Norwegian International Ship Register (the NIS).1 The NIS sought to restore the international competitiveness of the fleet through tax incentives and more flexible manning regulations, and represented a viable alternative to flagging out. The NIS is open to foreign shipowners, but despite being presented as an international register, only a minority of ships on the register are beneficially owned and controlled in foreign countries.2
Panama
Authors: Fitzpatrick D , Anderson M
Published: November 2023

For many years, the Republic of Panama has been the leading country providing an open registry for vessels. The modern register dates from the enactment of Law 8 of 1925 which eliminated the requirement of Panamanian citizenship and residency to register a vessel. The adoption by Panama of a more liberal maritime law, together with the desire to avoid the prohibition laws of the United States (US), served to attract an increasing number of foreign vessels to the Panamanian fleet in the 1920s. But the phenomenon of open registers, or flags of convenience, was of little significance until after the Second World War when, inter alia, the desire of US shipowners who had maintained a dominant position during the war to keep a strong position in the peacetime trade, while avoiding paying US taxes and high labour costs, provided a further boost to flags of convenience, and in particular the Panamanian fleet.
Introduction
Authors: Dyson Kenneth
Published: November 2023

This book seeks to make two contributions to the scholarly literature on European integration. First, it addresses important questions about the relationship between two central projects in European integration: Eco- nomic and Monetary Union (EMU) and eastern enlargement of the Euro- pean Union (EU). What are the implications of these projects for each other, for the wider process of European integration, and—above all—for east central Europe? What do they tell us about the asymmetric nature of power, and about how power is exercised, and its location changing, in contemporary Europe? The book extends EMU studies eastwards.
The First Shall Be the Last? Hungary’s Road to EMU
Authors: Greskovits BeB4la
Published: November 2023

In 2004, the Hungarian government announced that it might not introduce the euro before 2010. This development was surprizing given that professional observers had predicted, and the National Bank of Hungary planned, a much more ambitious entry date, 2006. Why has the former pacesetter, Hungary, become a laggard? Why did Hungary fall so far short of compliance with most of the macroeconomic convergence criteria for euro entry? Analysts point either to the government’s unwillingness or incapacity to tighten fiscal policy or to the lack of coordinated fiscal and monetary policies as the direct causes of failure.
Economic Adjustment and the Euro in New Member States: The Structural Dimension of Fit
Authors: Jones Erik
Published: November 2023

The negative referenda outcomes on the European Constitutional Treaty in France and the Netherlands in May–June 2005 encouraged a wave of speculation about the future viability of the euro and the progress of EU enlargement. Some claimed that the Euro Area would fall apart, others that the EU would stop expanding. Speculation also touched on where the two issues intersect: the enlargement of that group of EU countries using the euro.
Financial Market Governance: Evolution and Convergence
Authors: Nagy Piroska MohaB4csi
Published: November 2023

The transformation of the financial sector in CEE—understood as the eight new EU member states plus Bulgaria, Romania and Croatia—has been one of the fastest and most dramatic in recent economic history. In the matter of a short decade and a half, the sector has transformed from a state-dominated mono-bank system, which performed quasi-fiscal operations on behalf of the government, into a reasonably effective, market-based system with many new competing banks providing increasingly sophisticated financial services (Table 12.1).
Transaction Structure and Process
Authors: Chong Seung
Published: November 2023

The term ‘mergers and acquisitions’ is used in business parlance to refer to those activities in which companies and businesses are bought, sold, taken-over, or combined. Technically, the term refers to two discrete legal actions – an ‘acquisition’ and a ‘merger’ – the latter of which reflects the US roots of the term. A merger refers to a merger of two companies where two separate entities are merged to form a single entity. Mergers are permitted under the corporation laws of various US states and are a common way to achieve a business combination. In China, statutory mergers and divisions are permitted and they are therefore considered below.

In contrast, it is not possible to combine a business by way of a merger, for example, in Hong Kong and England. Notwithstanding this, the term ‘mergers and acquisitions’ has gained international currency and is used to describe business combinations whether or not a particular jurisdiction permits statutory mergers. The corollary of a merger is a division and this legal action should also be considered as part of the term ‘mergers and acquisitions’.
Interests in Subsidiaries and Branches
Authors: Chong Seung
Published: November 2023

Warranty 1 dealt with the due establishment, approval, and capitalization of the target Company. Warranty 2 deals with the subsidiary interests of the target Company. In the PRC, there are specific rules governing the establishment of subsidiary interests and the issues that arise from the application of these rules are addressed in this Chapter II–

Where the target Company is a foreign investment enterprise, much of the impetus for the establishment of subsidiaries and branches comes from trying to overcome certain regulatory obstacles to doing business in China. First, foreign investment enterprises are initially approved to operate only from a single location. Secondly, until recently and then only subject to certain limitations, foreign investment enterprises were generally not permitted to engage in domestic trade, meaning that they could only sell goods that they themselves manufactured. A foreign investment enterprise could not buy and sell third party goods, including those manufactured by its foreign parent company or an affiliated foreign investment enterprise. Thirdly, a foreign investment enterprise can only provide after-sales service for its own products, not even for those of an affiliated enterprise in China or those of its other group members imported into China.
Management and Employees
Authors: Chong Seung
Published: November 2023

The role of the worker in the PRC is, for reasons associated with the founding of the People’s Republic, a traditionally important one with several exhortatory provisions in the Constitution referring to workers’ rights, duties, and aspirations. It should therefore be of no surprise that the PRC has legislated broadly on employment and employee related matters. This fact, together with certain peculiarities of the PRC labour market, present numerous challenging issues for both the Seller and Buyer.

Warranty 7.1 suggests that a list of all employees, directors, legal representatives, and supervisors of each Group Company, together with their corresponding details, be listed in a schedule. An alternative may be to include the information in the Disclosure Letter. The task of compiling the information required may require considerable effort.
Proceedings, Dissolution, and Insolvency
Authors: Chong Seung
Published: November 2023

This chapter covers two topics: (i) proceedings in which a Group Company is, or is likely to be, involved; and (ii) whether any Group Company is in the stages of being dissolved or has become insolvent. Proceedings are not limited to litigation in the People’s court but also include arbitration and administrative proceedings. Where a company is dissolved, it can be in the context of a solvent liquidation or an insolvent liquidation. Both scenarios are discussed in this chapter.

This is the traditional heart of the warranty. The Buyer will want to know if any Group Company is engaged in litigation. The Buyer may not be concerned with all litigation matters so the warranty could be qualified to refer only to ‘material’ litigation. What is ‘material’ could be defined to mean something that has a material adverse effect. Alternatively, a monetary ‘bright line’ test can be introduced so that what is ‘material’ can be defined by reference to a specific cost or value. Yet another alternative is to define materiality by excluding debt claims arising in the ordinary course of business: this can also be combined with a monetary threshold.
‘Have You Told Management About This?’: Bringing Witness Interviewing Into The Twenty-First Century
Authors: Shepherd Eric , Milne Rebecca
Published: November 2023

The witness statement, the police officer’s 2 edited representation of the witness’s dis-8.01 closures when interviewed, occupies a focal position in our criminal justice system. Investigating officers rely upon statements obtained by other officers, or themselves, to inform and to progress the investigation. For the Crown Prosecution Service (CPS)— prior to and following charging decisions—and for the defence, statements critically determine the management of the case. Similarly the judiciary rely heavily upon statements to enable them to obtain a detailed grasp of the case.
Investigative Interviewing With Children: Progress And Pitfalls
Authors: Davies Graham , Westcott Helen
Published: November 2023

A generation ago, a chapter in a legal text on interviewing children would have been 9.01 based largely on anecdote, laced with a fair measure of opinion and prejudice. This, in part, rejected the infrequent appearance of minors in the witness box and the lack of rigorous research and practical experience of forensic interviewing of children. That situation has rapidly changed in the last 30 years. Due to changes in the criminal law in relation to the admissibility of children’s evidence and the availability of video technology in the courtroomchildren’s evidence is now heard more frequently in court, most notably in cases of alleged sexual or physical abuse, but also domestic violence or roadtraffic offences.
Improving Visual Identification Procedures Under Pace Code D
Authors: Wolchover David , Heaton-Armstrong Anthony
Published: November 2023

Although the pursuit of criminal justice increasingly depends upon forensic science a 17.01 crucial instrument in the detection and prosecution of offenders remains that of establishing the identity of the culprit by visual, which is to say facial, recognition. The procedures regulating visual identification of suspects are contained in Code D, The Code of Practice for the identification of Persons by Police officers, issued under the Police and Criminal Evidence Act 1984 (PACE) originally in 1985 and subsequently re-issued through a number of editions, most recently on 1 January 2006, although the latest version introduces changes to the much reworked, 2004, edition which are only of marginal relevance.
Ten Precepts for the Social Studies of Finance
Authors: MacKenzie Donald
Published: November 2023

Let me begin with a crucial facet of the technicality of markets: the role in them of the production and circulation of facts. A ‘fact’ is ‘A thing known … to have occurred or to be true’, and facts are obviously a crucial topic of the social studies of science. That field does not ask whether claimed scientific facts are ‘really true’, which is a question only science, not sociology, can answer. Instead, the sociology of scientific knowledge is interested in questions such as how facts are produced and what secures their facticity, in other words their status as facts.
Measuring Profit
Authors: MacKenzie Donald
Published: November 2023

Clinton, Mississippi, Friday, 20 April 2001. The Deep South: during the Civil War, Sherman based himself here when besieging the city of Jackson. Clinton’s streets are lined with historic buildings and shaded with old trees. Yet Clinton is also the New South, the site of the ultramodern corporate headquarters of a leading telecom company—a building that in the words of one reporter rises ‘like a dark steel mother ship’ (Ripley 2002).
Ordinary Anxieties and States of Emergency: Statecraft and Spectatorship in the New Politics of Insecurity
Authors: Sparks Richard
Published: November 2023

Once, perhaps, the allegation that we live in an environment of culturally produced anxieties that are sometimes politically serviceable, may have been the more or less exclusive province of radical criminologists and similar malcontents. It is an idea that has lengthy and respectable antecedents, of course, and would have been by no means astonishing to Machiavelli or to Hobbes. In its latter-day guise, however, this mistrustful and dubious notion was for quite some time a fringe idea. It had a certain heady appeal to students (like me) attracted to the more oppositional reaches of criminology and the sociology of deviance.
Access to Justice in Environmental Matters at EU Member State Level-An Update on the UK
Authors: Razzaque Jona
Published: November 2023

Access to justice has been a topic of interest in the European Union (EU) even prior to the United Nations Economic Commission for Europe (UN/ECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). At the EU level, two separate directives deal with access to information and public participation in decision-making, respectively. The draft EU Directive on Access to Justice in Environmental Matters, which is discussed in this chapter, concentrates on the enforcement of legislation relating to the environment by members of the public. Access to environmental justice facilitates access to law to resolve environmental problems.
Human Rights, the Courts, and the Environment-The Decision of the House of Lords inMarcicv. Thames irater Utilities Ltd.
Authors: McEldowney john
Published: November 2023

The possibility of environmental claims raising human rights issues in the United Kingdom (UK) appears as a consequence of the Human Rights Act 1998, which gives the UK courts the opportunity to give the Council of Europe (COE) Convention of Human Rights (ECHR) a limited form of domestic effect in the UK. To what extent has the 1998 Act influenced judicial attitudes in claims involving the environment? Four years have elapsed since the 1998 Act came into force, and it is timely to consider the state of development of environmental human rights within the UK. In a recent landmark decision of the House of Lords on flooding caused by sewerage in Marcie v. Thames ter Utilities Ltd., overturning the Court of Appeal decision that concluded rights had been infringed, the House of Lords has adopted a restrictive approach to expanding human rights in litigation affecting the environment.
The ‘urban republic’
Authors: Bingham John
Published: November 2023

Germany’s great cities of the 1920s were internationally recognized symbols of civic achievement, innovative management, urban planning, and vibrant experimentalism in the arts— fundamental characteristics of modernity and the metropolis. In crisis-ridden post-war Germany, more prosaically, municipal governments were also the primary engines, spenders, and on-site managers of the new social state.
Distinctive character acquired through Use: establishing the facts
Authors: Carboni Anna
Published: November 2023

The reader will now be familiar with the legal concept of ‘acquired distinct- 5.01 iveness’. In this chapter, we turn to the practical steps which can be taken to persuade a doubting trade mark examiner that an inherently non-distinctive, descriptive or generic trade mark has been magically transformed into one which is acceptable to be registered as a Community trade mark (CTM) or national trade mark in the EU. In many cases, step one will be to argue with the examiner about whether he 5.02 or she is correct in rejecting a trade mark on absolute grounds, relying on
Use, Intent To Use And Registration In The Usa
Authors: Dinwoodie Graeme B , Janis Mark D
Published: November 2023

The concept of use pervades US trade mark law. Use doctrines manifest 17.01 themselves in rules governing jurisdiction, trade mark acquisition and trade mark enforcement. The use ‘in commerce’ requirement ensures that the federal trade mark system remains within the bounds of Congress’ legislative authority under the Commerce Clause.1 Actual or constructive use2 by the The requirement that the trade mark owner use (or intend to use) the mark in interstate commerce appears in various provisions of the Lanham Act. See eg 15 USC §§1051(a) and (b) (Lanham Act §§1(a) and (b)) (owners of marks ‘used in commerce’, or persons having a bona fide intention ‘to use a trade mark in commerce’, may apply for registration).
Tradable Permits for Climate Change: Implications for Compliance, Monitoring, and Enforcement
Authors: Johnstone Nick
Published: November 2023

With the Kyoto Protocol (which encouraged the use of ‘flexible mechanisms’ to meet emission-reduction commitments) and the European Union's Emissions Trading Directive (CEC, 2003a), tradable permits have taken centre stage as a means to address global warming. While the theoretical case for their economic efficiency and environmental effectiveness is well-established (OECD, 2004), the implications of their use for compliance, monitoring, and enforcement is less well understood. In this chapter, an effort is made to review their likely implications in these areas, drawing upon existing experience with the use of tradable permits in the area of climate change (which remains limited), and other air and water pollutants and natural resources (for which there is much more extensive experience). Assessing the implications of tradable permits for compliance, monitoring, and enforcement must be undertaken relative to a policy counterfactual. In most cases, the most plausible policy alternative is likely to be direct regulations involving either performance standards or technology standards, and this is generally the assumption made in this chapter. All environmental policy instruments have implications for monitoring and enforcement, and thus the pertinent question is whether or not such implications are very different under tradable permits, relative to the most likely direct regulation policy alternatives.