bluuebunny/crossref_metadata_2025 huggingface dataset:
Taiwan Merger Control
Authors: Furse Mark
Published: November 2023

Taiwan has a well-developed system of merger control, the primary rules for which are set out in the TFTA at arts 11–13, which are supplemented by provisions in the Enforcement Rules to the Fair Trade Act of 2002, and are clarified in a number of guidelines, cited here as appropriate. The terms of the Act may apply to joint-ventures as well as to full structural mergers.
The Korean Antitrust Law Regime
Authors: Furse Mark
Published: November 2023

The Constitution of Korea sets out, in art 119(2), the power of the State to regulate economic affairs within the framework of a free and fair market. 1 This constitutional power makes reference to the desirability of maintaining balanced growth and stability. Korea enacted the Monopoly Regulation and Fair Trade Act (‘MRFTA’) on 31 December 1980.2 The Act entered into force on 1 April 1981, and has since been amended on over ten occasions.
Korea Monopoly and Abuse of Dominance
Authors: Furse Mark
Published: November 2023

In November 2007 the Supreme Court of Korea handed down a significant judgment relating to a part of the monopoly provisions of the MRFTA (POSCO v The Korea Fair Trade Commission, Supreme Court of Korea, case 2002Du8626, 22 November 2007, discussed in detail below). Not only did the Court comment on the tensions raised between the principles applying to the control of monopoly conduct, the principles applying to free markets, the private enjoyment of property, and the right to contract freely, but it also clarified some of the general principles to be applied in this area of law, including those relating to market assessment, and to the place of the law generally.
Vietnam Agreements
Authors: Furse Mark
Published: November 2023

The primary prohibition on restrictive agreements is found in art 8 of the VLOC, although certain restraints may also be prohibited under art 42 which falls within the chapter dealing with ‘unfair’ competitive acts. This provision is more likely to be applied to vertical restraints in an approach similar to that adopted in Korea (see Chapter 5-2) where horizontal restraints exclusively are dealt with under the primary provision.
Vietnam Monopoly and Abuse of Dominance
Authors: Furse Mark
Published: November 2023

The law relating to abuse of dominant position is set out at s 2 of Chapter 2 of the Vietnam Law on Competition (‘VLOC’). The law is unusual in creating two different sets of presumptions relating to market power, one applying to firms in a dominant position, and the other to monopolists, with different conduct proscriptions applying in both cases.
Vietnam Merger Control
Authors: Furse Mark
Published: November 2023

Vietnam’s merger control regime is given effect in s 3 of Chapter 2 of the VLOC (arts 16–24). This is the first law in Vietnam which regulates mergers in a comprehensive manner. The provisions apply to ‘economic concentrations’, which may take a number of forms: mergers, consolidations, acquisitions, joint ventures, and ‘other acts of economic concentration prescribed by law’.1 Concentrations which give rise to the creation of specified market share thresholds are prohibited unless an exemption is granted under art 19.
Management Ideology
Authors: Anthony P D
Published: November 2023

What we have called the recruitment of social science in the service of management concerned first the utilization of the psychologist’s techniques and expertise. The application of psychology extended from an initial concern to improve methods of selection and training to a much more general concern with the individual’s motivation in which, finally, the business organization and the tasks which it requires to be performed are both changed in order to make work become the satisfier of fundamental human needs. Work becomes a much more valued and valuable activity, we are the more likely to regard it as a central life interest, to take its performance requirements seriously, and to become deeply involved in its distribution of rewards when these rewards include our own psychological health.
Critical Issues in Organizations
Authors: Clegg Stewart , Dunkerley David
Published: November 2023

In the social sciences one can find many volumes whose titles proclaim them to be in some sense #x2018;critical’. Indeed, such is the apparent increased frequency with which such terms are used that one might be forgiven for supposing them to be of devalued currency. Yet, here is another volume sufficiently audacious as to claim to address Critical Issues in Organizations. Such a claim cannot be lodged lightly. It behoves anyone who proposes it to argue in what way their volume is ‘critical’ in such a way as to be distinct from other contributions.
Market, Hierarchy, and Trust: The Knowledge Economy and the Future of Capitalism
Authors: Adler Paul S
Published: November 2023

Considerable attention has been focused recently on data suggesting that the secular trend toward larger firms and establishments has stalled and may be reversing (Brynjolfsson et al. 1994). Some observers argue that the underlying new trend is toward the disintegration of large hierarchical firms and their replacement by small entrepreneurial firms coordinated by markets (Birch 1987). This argument, however, understates the persistence of large firms, ignores transformations underway within these firms, and masks the growth of network relations among firms. How, then, should one interpret the current wave of changes in organizational forms?
Sexuality at Work
Authors: Pringle Rosemary
Published: November 2023

If the boss–secretary relation is organized around sexuality and family imagery this seems to place it outside the modern bureaucratic structures that are a feature of all large organizations. The relationship is often conceptualized either as archaic or as marginal to the workings of bureaucracy ‘proper’. It is argued here that, on the contrary, the boss—secretary relationship is the most visible aspect of a pattern of domination based on desire and sexuality. Far from being an exception, it vividly illustrates the workings of modern bureaucracies. Gender and sexuality are central not only in the boss–secretary relation but in all workplace power relations.
Arbitral Authority
Authors: Park William W
Published: November 2023

For pure intellectual challenge, few endeavors match the task of setting principled standards to distinguish an arbitrator’s good faith mistakes from an excess of authority. In bargaining for out-of-court dispute resolution, parties to arbitration agreements commit themselves to respect the result regardless of who wins. The award is intended to be final even if one side thinks that the arbitrator got it wrong. Arbitration is a consensual process, however, unfolding within an enclosure created by the contract and applicable arbitration law. The litigants accept the risk of arbitrator mistake only for decisions falling within the borders of arbitral authority. Great practical importance attaches to how lines are drawn between arbitrator mistake and excess of authority. Indeed, the distinction goes to the heart of what arbitration is all about. A simple error is normally not subject to appeal, since the litigants have asked an arbitrator, not a judge, to decide the legal and factual merits of their disputes. By contrast, no court should recognize an award falling beyond the arbitrator’s authority. Thus some measure of judicial scrutiny over arbitral jurisdiction remains a vital safeguard to the integrity of the process, and constitutes an essential corollary to enforcement of legitimate awards.
The Contractual Context
Authors: Park William W
Published: November 2023

Not long ago, a multinational enterprise with headquarters in Boston needed two cargo vessels to transport ore from its South American mines to its North American production facilities. A shipyard in a developing country with good harbors and cheap labor seemed the right place to build the vessels. Extended negotiations led to a contract between the shipyard and the multinational’s Liberian shipping subsidiary, which was established to purchase and operate the vessels in a tax-efficient manner. The multinational itself guaranteed its subsidiary’s obligations. Interim payments were to be made as the vessels were built, with the final installment of the purchase price due at completion of both vessels. When the shipyard notified the multinational that the vessels were completed, a dispute arose over the engine rooms and communication systems. The multinational maintained that the ships were not in fact finished according to contract specifications. The shipyard rejected these claims and filed suit to compel the final payment in a local commercial court. Back in Boston, the lawyer who had advised the multinational during the contract negotiations congratulated herself on the foresight displayed in dealing with the shipyard. She had heard that courts in the shipyard’s country lacked a tradition of judicial independence. Less courteous tongues had even characterized court proceedings there as auctions, with the judgment going to the highest bidder. Contemplating this unpleasant prospect, counsel had insisted that the contract designate courts in Boston as exclusively competent to settle any dispute.
Comparing Arbitration and Court Selection
Authors: Park William W
Published: November 2023

As this book goes to press, breaking news indicates that the enforceability gap between court selection and arbitration may soon be narrowed. At the Peace Palace in the Hague, the Conference on Private International Law agreed on the text of a treaty establishing rules for recognition of court selection agreements. The Convention provides that a choice of court clause will be deemed exclusive and recognized as such. Courts other than the chosen forum must decline jurisdiction. Enforcement is to be granted to judgments of the chosen court, with suitable exceptions for consumer and employment contracts, as well as special matters such as wills and personal injury claims. The absence of any treaty network, as indicated in the chapters in this section, has long been one of the drawbacks to court selection as compared to arbitration. Until now, no worldwide treaty does for judicial jurisdiction what the 1958 New York Arbitration Convention does for agreements to arbitrate. The geographical reach of regional arrangements (such as the European Union’s Brussels Regulation) is considerably more limited than the scope of the New York Convention, which now boasts 136 members. The Hague Convention on Choice of Court must still be adopted by member states of the Conference. Acceptance of the treaty’s provisions by the global community would constitute a significant step toward harmonizing the legal regimes for resolution of international business disputes, bringing rules on judicial jurisdiction and judgments into line with those applicable to arbitration.
Substantive Norms
Authors: Park William W
Published: November 2023

Today one sometimes hears cheerful talk about “autonomous” arbitration and “delocalized” procedure, free from the procedural safeguards traditionally imposed by those national legal systems that support the arbitral process.1 The liberation of international arbitration from national legal systems implicates several themes. First, arbitrators often interject trade usage in deciding the merits of a dispute.2 Second, judges increasingly permit arbitration of sensitive public law claims, such as antitrust or securities regulation.3 Finally, arbitral procedure has been to some extent “delocalized,” in the sense of breaking free from procedural norms of the arbitral situs.4 Local procedural safeguards Many European arbitral centres have attempted to increase their shares of the fees accruing to local lawyers and arbitrators by enacting reforms. These reforms free arbitrators from fear of judicial second-guessing through direct or indirect appeal of their legal conclusions.5 The rationale for these changes is that businessmen who opt for arbitration prefer speed and finality over the legal precision arguably obtained from appeal. Judicial review on the merits of awards may make arbitration merely a rehearsal for court litigation.6
Intellectual Property
Authors: Park William W
Published: November 2023

Intellectual property (IP) rights often constitute a corporation’s key assets – its “family jewels” so to speak. Thus any dispute over these rights is usually taken very seriously. As a result, IP lawyers often have particularly strong feelings with respect to the relative costs and benefits of arbitration related to patents, trademarks, and copyrights. While arbitration clauses frequently find their way into technology licenses (particularly in a cross-border context) the wisdom of this practice has been vigorously debated. Ironically, the alleged drawbacks to arbitration in one context often constitute advantages in another. Much of the argument relates to the benefits and burdens of litigation flexibility and the right to appeal, which as discussed in the following chapter have proven to be double-edged swords.
Taxation
Authors: Park William W
Published: November 2023

Notwithstanding similar fiscal objectives, countries that conclude income tax treaties often arrive at radically different results when they apply treaty language to a specific problem. As things now stand, the task of resolving disagreement on treaty interpretation falls either to national courts or to joint efforts by the tax administrations to work out differences on a voluntary basis. Neither alternative is wholly satisfactory. Judicial proceedings lack political neutrality and yield inconsistent results. And the process for “mutual agreement” among competent fiscal authorities is fraught with delays and uncertainty.
Introduction
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

Three forms of financial compensation may be open to employees on dismissal: damages for wrongful dismissal (a common law remedy), compensation for unfair dismissal (a statutory remedy), and compensation for unlawful discrimination (a statutory remedy).
Re-Employment Orders and the Additional Award
Authors: Korn Anthony
Published: November 2023

A novel feature of the statutory provisions relating to unfair dismissal is the power of tribunals to order reinstatement or re-engagement. Specific performance of an employment contract is a legal remedy which is rarely available in other circumstances. As a result of the recommendation of the Donovan Commission that tribunals be given the power to order re-employment, a power to recommend re-engagement was included in the Industrial Relations Act 1971. The statutory powers were strengthened by the Employment Protection Act 1975 and remain in the form laid down in that Act to the present day.
The Preachers of Trinity College, Cambridge, 1552–1860: the Use and Abuse of a College Office*
Authors: Smith Jonathan
Published: November 2023

On 11 May 1817, James Henry Monk, fellow of Trinity College, Cambridge and Regius Professor of Greek, wrote one of his weekly letters to Jane Smart Hughes, the woman who was to become his wife. Amongst other details of life at Trinity, he writes of the vacant college living of Roxton with Grendon, thus: Mr Wiles, it is thought, will take the Bedfordshire living—but some of the College Preachers have got a notion that it is within 20 miles of Cambridge & may therefore be held with a Fellowship. They have therefore had the nearest road to it measured, & find it above 21 miles, they are however now endeavour- ing to make out that it does not exceed 20 miles in a straight line. In order to satisfy the demands of the preachers, the college had engaged the surveyor Alexander Watford to measure the distance by road from Trinity to Roxton church by not one, but two different routes— the detailed document showing his measurements is preserved in the college archive. Watford discovered that the shorter route was indeed more than twenty-one miles, and it was he who put it in the fellowship’s mind that the distance between Roxton and the college might be less than twenty miles as the crow flies. The effort and expense that college went to to ascertain the distance that lay between it and one of its Bedfordshire parishes, and the fact that it was clearly being discussed with some interest within the house, suggests that it was a matter of some importance, especially to the officers who initiated the survey, the college preachers.
Large and Complicated Universities: Toronto and Melbourne
Authors: Bruneau William
Published: November 2023

Martin L. Friedland. The University of Toronto: A History. Toronto: University of Toronto Press, 2002. In 1969–1973, Princeton’s Shelby Cullom Davis Center for Historical Studies hosted a four-year Seminar on the history of education. A first outcome was three books edited by Lawrence Stone, but a longer-term result was broadened commitment among historians to social studies of the university. Mediævalists never doubted the value of university history, but their modernist cousins began to take it more seriously in and after the 1960s. Under the new dispensation, university historians would attend to the university’s social background. They would consider the political economies of public and private higher education. They would locate students and faculty in social classes-of-origin, in multiple cultural environments, not forgetting to explain power and administration inside the academy. The gossipy tales of collegiate intrigue that worked so well in Max Beerbohm’s Zuleika Dobson, F. M. Cornford’s Microcosmographia academica, C. P. Snow’s The Masters, and David Lodge’s Small World —and indeed in many a university history—would no longer do. If there was to be petite histoire (and narrativist, feminist, and post-modernist histories have considerable sympathy for it), it must discuss gender, ethnicity, urbanism, industry and class.
Introduction
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

Supposedly unmeritorious asylum seekers, and their alleged abuses of the United Kingdom’s immigration and welfare systems, have now been a staple topic for sections of our news media for some years. Yet the explosion in asylum and human rights cases is a comparatively recent phenomenon when compared with the stream of immigrants who for decades have been coming to this country with official approval or encouragement.A review of the Immigration Appeal Reports for 1987 shows that of just under 70 reported cases, only seven had an asylum context under the Refugee Convention (and some of those cases concerned only bail), and in only one other case were arguments based directly on the European Convention on Human Rights (ECHR). A large proportion of the rest were ‘family’ cases.
Asylum
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

After the establishment of the United Nations in 1945, one of its most immediate concerns was the question of the refugees displaced by the Second World War. On 12 February 1946, the General Assembly referred the problem to the Economic and Social Council, recognizing the urgency of the problem and the necessity to distinguish between genuine refugees and ‘war criminals, quislings and traitors’. The outcome was the creation of a temporary agency, the International Refugee Organization, established by a General Assembly resolution on 15 December 1946,2 whose primary function was to assist genuine refugees and displaced persons either to return to their countries of nationality or former habitual residence, or to find new homes elsewhere.
Rights of Appeal
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

The first system for adjudicating immigration appeals was introduced by the Immigration Appeals Act 1969. This brought in a two-tier system of appeals which survived, albeit in a considerably altered form, until the introduction of a one-tier system by the Asylum and Immigration (Treatment of Claimants Act) 2004. Only Commonwealth citizens had the right of appeal under the 1969 Act. The Immigration Act 1971 was the first piece of legislation to provide a right of appeal to aliens and repealed almost all previous immigration legislation. The 1971 Act did not, however, deal with asylum. Rules made under the 1971 Act provided that when a person made a claim for asylum, full account should be taken of the United Kingdom’s obligations under the Refugee Convention 1951.
Addressing The Data Problems: Cyber-Forensics And Criminal Procedure
Authors: Walden Ian
Published: November 2023

Digital information or data, zeros and ones, is the form in which our emerging ‘Information Society’ carries out its activities, whether through software applications, emails, data feeds or the Web. The global economy has become increasingly dependent on the processing and transmission of such data across networks to support its infrastructure and carry out many of its functions. When cybercrimes are carried out, the ability of law enforcement agencies (LEAs) to investigate and prosecute the perpetrators will be driven, in part, by the availability and accessibility of such data or information to the investigators, whether in the context of intelligence gathering, evidential retrieval or subsequent analysis and presentation in court.
Computer Crimes And Digital Investigations
Authors: Walden Ian
Published: November 2023

Over the course of the preceding we chapters, we have considered a vast array of issues generated by our examination of computer crimes and digital investigations. The structure has followed the classic course of criminal law: first identifying the criminal conduct; then the investigative gathering of forensic material; and finally its presentation before a court of law in criminal proceedings. In terms of subject matter, however, while the overriding topic is computer and cybercrimes, the book, as implied by the title, could also be viewed as two separate books: computer crimes and digital investigations.
Logic Teaching at the University of Prague around 1400 A.D.
Authors: Ashworth E Jennifer
Published: November 2023

This book is largely (45–432) an edition of a Sophistria text that represents logic teaching at the University of Prague around 1400 A.D. While the anonymous author shows few signs of intellectual distinction, both the topics chosen for discussion and the large number of direct references to other logicians make the work a valuable source for those interested in the undergraduate curriculum of the late middle ages. The editor, E.P. Bos, has done an excellent job of presenting the Latin text in as perspicuous a fashion as possible, and has provided the reader with an analysis (8–10) of the somewhat haphazard way in which the Prague master presented his sequences of arguments. However, in order to understand the text, or to glean from it anything about university teaching, one needs a good deal more than that.
Allocation And Directions
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

CPR 26 governs the preliminary stage of the court’s case management function. The key matters to be decided are what lay and expert witnesses should be called, what steps need to be provided for, and the timescale within which each step should be taken. These provide the overall framework for the presentation of each party’s case. If case planning has been detailed enough, and updated regularly, the claimant’s strategy should be decided and the steps required to take the case forward should be set down in the plan. However, these proposed steps should now be reviewed in the light of the defendant’s intentions with respect to witnesses and experts.
Alternative Dispute Resolution
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

Going to trial should always be seen as a last resort. A detailed risk assessment by both parties should ultimately, in all but exceptional cases, allow a settlement to be reached. A number of factors need to be considered in approaching such a risk assessment. The main issue in respect of the scope of settlement negotiations will be whether liability and quantum should be considered together or separately. This involves consideration of a number of factors. As a general proposition, settlement of the entire litigation rather than liability alone has an immediate attraction for both parties. It provides finality
Fatal Cases
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The general principles applicable to claims arising out of deaths in hospital or elsewhere as a result of clinical negligence are the same as the principles applying to other fatal claims. Consideration always needs to be given to a claim on behalf of the estate of the deceased pursuant to the Law Reform (Miscellaneous Provisions) Act 1934 and on behalf of the dependants of the deceased pursuant to the Fatal Accidents Act 1976. Particulars of claim in a claim on behalf of the dependants of a mother who died in childbirth are attached at Appendix 1.
Ideal Solutions
Authors: Ben-Naim Arieh
Published: November 2023

There exist several reference states of solutions referred to as ‘‘ideal state,’’ for which we can say something on the behavior of the thermodynamic functions of the system. The most important ‘‘ideal states’’ are the ideal-gas mixtures, the symmetric ideal solutions and the dilute ideal solution. The first arises from either the total lack of interactions between the particles (the theoretical ideal gas), or because of a very low total number density (the practical ideal gas). The second arises when the two (or more) components are ‘‘similar.’’ We shall discuss various degrees of similarities in sections 5.2. The last arises when one component is very dilute in the system (the system can consist of one or more components). Clearly, these are quite different ideal states and caution must be exercised both in the usage of notation and in the interpretations of the various thermodynamic quantities. Failure to exercise caution is a major reason for confusion, something which has plagued the field of solution chemistry. As in the case of a one-component system, ideal-gas (IG) mixtures also enjoy having a simple and solvable molecular theory, in the sense that one can calculate all the thermodynamic properties of the system from molecular properties of single molecules. We also have a truly molecular theory of mixtures of slightly nonideal gases, in which case one needs in addition to molecular properties of single molecules, also interactions between two or more molecules.
Estonia
Authors: Vallikivi Hannes , Siigur Andres
Published: November 2023

The Estonian financial markets have developed significantly during the last few years. This is due especially to Estonia’s accession to the European Union in 2004. Within recent years Estonia has harmonized its laws with numerous EU directives. As to most recent significant developments in Estonian legislation, MiFID was fully transposed to Estonian law in November 2007 and the new Money Laundering and Terrorist Financing Prevention Act harmonizing the law with the Third EU Money Laundering and Terrorist Financing Prevention Directive took effect in January 2008. Currently there are seven credit institutions and nine branches of foreign credit institutions active in Estonia. In addition, 192 foreign credit institutions have informed the EFSA of intention to provide cross-border services.
Finland
Authors: Wist Tarja , Victorzon Tobias
Published: November 2023

The ongoing integration of the financial markets within the European Union (EU) and the introduction of the Euro as well as deregulation and technological progress have led to the rapid development of true cross-border trade in financial services. Competition has forced financial institutions to seek income from novel products and new business activities as well as economies of scale through larger corporate size. All this, together with the structural changes forced by the banking crisis in the 1990s and the wealth generated by the recent success of Finnish industry, has contributed to the increase and globalization of the Finnish financial markets, which today are closely connected to Scandinavia, the Baltic countries and the rest of Europe. The Finnish banking sector is dominated by Scandinavian banks which are in competition with their smaller Finnish rivals. Banking technology is highly developed, and payments are efficiently effected through a giro system in which all banks participate. Internet banking is well established with all client groups and allows for both payments and investments in real time through the Internet.
Ireland
Authors: Allen Kevin
Published: November 2023

The exponential growth in the Irish economy during the 1990s was contributed to in no small measure by its burgeoning financial services industry. The establishment of the International Financial Services Centre (the IFSC) in Dublin in 1987 changed the financial services landscape in Ireland beyond recognition. Prior to that the industry was, in the main, small, conservative and inward looking. Since then, however, Ireland has grown to be a serious and, in some sectors, dominant player in the area of financial services, rivalling well-established centres such as Luxembourg and the Channel Islands. The IFSC was established to take advantage of the rapid growth being experienced worldwide in the financial services industry and to capitalize on a number of natural advantages inherent to Ireland. The availability of an educated English-speaking workforce in a centre with state of the art technology and telecommunications was important. So also was the fact that Ireland is in the same time zone as London, has a favourable tax regime and a sophisticated regulatory environment.
Liechtenstein
Authors: Schurti Dr Andreas , Blasy Dr Moritz
Published: November 2023

The Liechtenstein financial market has grown rapidly over the last two years. The assets under management of (1) Liechtenstein banks and finance companies; (2) Liechtenstein investment undertakings (funds); and (3) Liechtenstein insurance companies increased by 111.1% from the end of 2004 to the end of 2006. This flourishing financial market, as well as the laws regulating this financial market, are characterized by Liechtenstein’s unique position as a member of two economic unions. On the one hand Liechtenstein enjoys the advantages of the customs and currency union with Switzerland; on the other hand Liechtenstein is a member of the European Economic Area (EEA). To regulate and supervise this rapidly growing market, to comply with international standards (eg Basel Core Principles) and to implement the recommendations of the International Monetary Fund, an independent and integrated authority was established in 2005 after three years of preparation. Since 1 January 2005 the Liechtenstein financial market has been supervised and regulated by one single authority, the Financial Market Authority Liechtenstein (FMA). From a legislative point of view the last two years have also been exceptionally busy in Liechtenstein’s financial market. The legislator has strengthened the financial sector through progressive financial market regulation.
Malta
Authors: Zerafa Andrë
Published: November 2023

As a result of common recognition and judicial adoption, all public law is based on English law. Lacunae are addressed by reference to English law. The same happens in cases of private international law where the English common law is directly applied as the law of Malta unless otherwise prescribed by law or judicial dicta. All laws and other official communications are issued in English and Maltese, whereas most commercial and banking documents are drawn in English. Commercial law is heavily influenced by English law. The foundations of the Maltese Companies Act 1995 lie in the British Companies Act 1985 and the Insolvency Act 1986. On the other hand, the Maltese financial services legislation package (consisting of fourteen Acts including the Investment Services Act (Chapter 370), Banking Act (Chapter 371), Prevention of Money Laundering Act (Chapter 373), Insurance Business Act (Chapter 403), is consistent with European Union (EU) directives. During its accession negotiations with the EU, Malta screened its laws together with the European Commission and reviewed them in line with European law. Following Malta’s accession to the EU, directives and regulations issued by the relative European institutions find concrete application within the local legal system.
The Netherlands
Authors: Hazeleger Wim
Published: November 2023

Dutch supervision of the financial services sector is organized as a functional model on a crosssectoral basis. Supervision is divided between the Dutch Central Bank (the DCB) and the Netherlands Authority for the Financial Markets (the AFM). The DCB is solely responsible for prudential supervision of financial undertakings and the AFM for conduct of business supervision. The purpose of prudential supervision is to ensure the financial soundness of financial undertakings and contribute to the stability of the financial sector. The AFM’s conduct of business supervision focuses on ensuring orderly and transparent financial market processes, proper relationships between market participants and the exercise of due care by financial undertakings in dealing with clients.
Portugal
Authors: Oliveira Gustavo Ordonhas de , Martins Gonçalo dos Reis
Published: November 2023

The Portuguese financial markets have been through significant changes during the last fifteen years, not only in terms of dimension, but also in terms of sophistication of financial instruments, integration at European and international levels, regulatory framework and market structure. The first half of this period was mainly characterized by the tremendous growth of the stock market in size (mainly driven by the privatizations of state-owned companies in the telecommunications, banking and electricity sectors), the entering into force of new regulatory frameworks for both banking and securities market sectors, the granting of increasing autonomy to the Bank of Portugal, the creation of the securities market regulator (the CMVM) and the first steps towards the integration of the Portuguese financial markets in the European internal market after Portugal joined the EU in 1986.
Serbia
Authors: Adamovi´ Jelena
Published: November 2023

Regulation of the Serbian financial services market started in the early 1990s. It was characterized by a general trend of liberalization during the early stages of the transition towards a market economy. However, the initial positive developments were followed by political and social disturbances and an economic downturn caused by hyperinflation, war and isolation from the rest of the world. The process of development that followed the political changes in 2000 further enhanced the necessity for thorough legislative development capable of satisfying the needs of a growing financial services industry. The privatization of the former so-called socially owned companies and the issuance of state bonds to owners of foreign currency savings seized in the early 1990s resulted in an increase in the interest of the general public in trading marketable securities. As a result of the privatization and distribution of state bonds, many individuals became participants in the capital market.
Turkey
Authors: Ozeke Hergüner Bilgen
Published: November 2023

With respect to Turkey’s integration programme into the EU, Turkey’s 2007 Progress Report (the Progress Report), which covers the period October 2006 to October 2007 as a part of the screening pro- cess, reported that good progress has been made in the banking sector; in particular, with regard to the implementation of regulations related to Banking Law No 5411 (the Banking Law). Turkey has also made good progress in the area of insurance occupational pensions, particularly upon the enactment of the new Insurance Law No 5684 (the Insurance Law). Furthermore, certain progress has been observed in the securities markets; however, full alignment has not been achieved on undertakings for collective investment in transferable securities.
Ukraine
Authors: Olekhov Ihor
Published: November 2023

The financial services sector is becoming increasingly important to the Ukrainian economy. The Orange Revolution at the end of 2004 sparked an immense interest of foreign investors in the Ukrainian financial services sector, which continues to this date. Ukraine’s previously undervalued financial services institutions have grown in value significantly within a very short span of time. The interest of foreign investors has also been spurred by the huge potential of the consumer financing market, which is just starting to emerge in Ukraine. The value of foreign acquisitions since 2004 has exceeded USD 3bn. This figure makes this sector second in the economy in terms of direct foreign investment after the steel industry. During the last decade, the banking sector has been one of the fastest growing sectors of the Ukrainian economy and there have been a number of recent acquisitions of Ukrainian banks by foreign banks, which is likely to increase competition further. From 1991 to 1993, the Ukrainian banking industry underwent a period of reorganization and rapid growth. Soviet-era banks were re-registered by the NBU and a number of the current leading Ukrainian banks were established or re-registered during this period. From mid-1998 to mid-2001, the Ukrainian banking system underwent a period of modernization. In 1998, the NBU promulgated international accounting standards for Ukrainian banks. Due to the presence of foreign capital, new banking services and products were introduced to the market.
Republic Of Korea
Authors: Choe Byoung Seon
Published: November 2023

As part of its regulatory responsibilities, the FSC considers and resolves policy matters relating to the inspection and supervision of financial institutions and the securities and futures markets. (Matters relating to the securities and futures markets are largely delegated to the SFC.) The FSC also has the authority to issue and revoke licences to financial institutions. Legislation relating to the financial sector is drafted and submitted to the National Assembly by the MOSF in consultation with the FSC. In 2002, the SFC was granted additional powers to investigate unfair stock trading and seek prosecution, and an investigation division was created to plan and coordinate investigation activities, comprised of offlcials from the FSC and FSS. In addition, the SFC conducts an advance review of matters relating to the securities and futures markets which are to be considered by the FSC.
Rotation
Authors: Cullerne John P , Machacek Anton
Published: November 2023

In this chapter, we will examine the fundamental principles that are essential for a good understanding of rotational motion. We begin by considering the kinematics of rotating systems and the consequences of referring the physics of a situation to a rotating point of view (frame of reference). We then move on to ideas of the forces involved, which make up the ‘dynamics’ of this chapter. The techniques and ideas developed in the early part of this chapter are then applied to the Kepler problem in two workshops, which essentially outline the derivation of planetary trajectories through Newtonian mechanics. All the principles introduced in this chapter are also essential for a good understanding of the material contained in workshops in Sections 7.8–7.11 in Chapter 7. In order to fully appreciate those workshops, students seeing the material for the first time should work through Chapter 3 first.
Thermal Physics
Authors: Cullerne John P , Machacek Anton
Published: November 2023

This chapter gives an introduction to the areas of physics known as thermodynamics and statistical mechanics. These deal with the questions, ‘What happens when things heat up or cool down?’ and ‘Why?’, respectively. We start with a statement that will be very familiar – but then find that it leads us into new territory when explored further.
Summary Of Equations
Authors: Cullerne John P , Machacek Anton
Published: November 2023

When two bodies of given substances collide the relative velocity after impact (v  1   − v  2) is in a constant ratio (e) to the relative velocity before impact, and in the opposite direction (hence the minus sign).
Roles and Responsibilities of the Regulator
Authors: Alder CBE Roy
Published: November 2023

Before 1968, there was no statutory structure in the UK for the regulation of medicines. The general assumption of successive governments had been that companies manufacturing, promoting, and marketing medicines had sufficient commercial and reputational incentives to ensure the quality, safety, and efficacy of pharmaceutical products. There appears to have been a broad confidence within government that liability and reputational risks alone would ensure that pharmaceutical companies would have every incentive to develop and maintain high-level standards for quality, safety, and efficacy of their products.
Introduction
Authors: McCulloch Jock , Tweedale Geoffrey
Published: November 2023

It is now clear … that the asbestos industry, internationally, is literally engaged in a struggle for survival. Recent developments, an increasing concern with potential environmental hazards (i.e. risk to the general public) and association with cancers other than lung cancer and mesothelioma have greatly increased the scope of the problem.

All you really need to know about the root causes, the cover-ups, and the human impact of occupational cancer you can learn from the example of asbestos.
Hiding the Elephant of Compensation
Authors: McCulloch Jock , Tweedale Geoffrey
Published: November 2023

In 1918, at the New York Hippodrome, the great magician and escapologist Harry Houdini staged an audacious trick; he led onto the stage a large elephant called Jennie. Having introduced her to his audience, Houdini enticed Jennie into a specially constructed cabinet and then closed the doors. The orchestra worked up a suitable finale, whereupon the maestro pulled open the doors to reveal that Jennie had vanished. The elephant had not really disappeared, of course: she was simply hidden behind a mirrored screen.
Defending Asbestos: Twenty-First-Century Perspectives
Authors: McCulloch Jock , Tweedale Geoffrey
Published: November 2023

In 1973, Matt Swetonic addressed the Asbestos Textile Institute in Arlington, Virginia. Despite the industry’s travails, he was his usual eloquent self, and he posed his audience a question: why had asbestos been singled out as the prime target for so many assaults? His answer: ‘[I]t was vulnerable to attack, because there was someone willing to lead that attack [Selikoff], and because Congress had graciously provided the vehicles for such an assault.’This refrain—that the industry had itself been a victim of asbestos—was to become a familiar one after the 1970s.
Integrationist and accommodationist measures in Nigeria’s constitutional engineering: Successes and failures
Authors: Ejobowah John Boye
Published: November 2023

Integration and accommodation have emerged as the two most prominent approaches to constitutional engineering in divided societies. The first seeks a homogeneous public sphere and a differentiated nonpublic domain, drawing its theoretical matrix from conventional liberalism animated by the ideas of John Rawls and Brian Barry. The latter envisages a differentiated public sphere consistent with the identity cleavages in the nonpublic sphere and is driven by theories ranging from liberal multiculturalism to consociationalism. The institutional repertoires of these two approaches function accordingly. Institutions of integration work to create a national community that has a single identity in which its members have uniform rights. On the other hand, institutions of accommodation generate and sustain a political community in which multiple identities coexist and in which rights are allotted to these multiple identities as societies see fit. It is not certain if the institutions of these two competing approaches overlap, are mutually exclusive, or could be blended to achieve desired outcomes. This chapter attempts to clarify these uncertainties through examining constitutional engineering in Nigeria.
Energy Regulation In Italy: Enhancing Sustainability
Authors: Panella Giorgio , Zatti Andrea , Carraro Fiorenza*
Published: November 2023

Public intervention aimed at reducing the environmental impact of energy production and consumption can be based on two major policy options: energy efficiency and renewables. An effective energy efficiency policy on the demand side and the promotion of renewable energy sources (RES) on the supply side are considered key components of the European Union’s (EU) approach to sustainable energy.1 This is an approach which, beginning with the EU’s White Paper on renewables2 to the more recent Directive on energy end-use efficiency (Council Directive (EC) 2006/32),3 has assumed the distinguishing characteristics of what has been called the ‘open method of coordination’. Under this method, targets and quantitative objectives are set at the Community level (for example in terms of share of green electricity to be supplied on the market or per cent of national energy savings to be attained), while Member States commit themselves to the implementation of strategies and measures for the achievement of their planned targets (which remain, however, indicative in nature and entail no legally enforceable obligation). Submission of national action plans, peer reviews, intermediate monitoring, stocktaking, and the exchange of best and bad practices are the most commonly used tools in this governance path.
Analysis Of Energy-Related Subsidies In Austria
Authors: Kletzan1 Daniela , Köppl2 Angela
Published: November 2023

At the end of the twentieth century, a shift in the paradigm governing environmental policy was taking place. Before that time, environmental protection was often regarded as constricting economic growth, implicit in the concept of sustainable development was the complementary relationship between an improvement in the quality of the environment and economic development. The focus, therefore, had shifted from the remediation of mostly local problems to the question of how to consider the ecological effects of societal and economic processes, as well as the interaction between the environment and the economy in order to ensure long-term sustainable development. The scope of environmental policy has expanded since the advent of the concept of sustainable development. Instead of using traditional end-of-pipe measures and command-and-control instruments, an integrated approach is increasingly being applied. This approach takes into account the effects of policy measures on the economic, ecological, and social systems, as well as their interdependencies. Accordingly, attention is being paid to the environmental effects of various kinds of subsidies. This includes subsidies that aim at a transition towards more environmentally friendly economic structures and those that are environmentally harmful, for example ‘financial supports and regulations that are put in place to enhance the competitiveness of certain products, processes or regions, and that, together with the prevailing taxation jurisdiction, (unintentionally) discriminate against sound environmental practices’.3