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1
Anderson, Winston. Private international family law. Caribbean Law Pub. Co., 2005.
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Anderson, Winston. Private International Family Law. Ian Randle Publishers, 2005.
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Timothy, Spangler. 2 Marketing Private Investment Funds. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807247.003.0002.
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This chapter examines how private investment funds are marketed, first by considering the different distribution approaches for such funds. Private investment funds are distributed mainly through private placements rather than public offers. With limited exceptions, this is generally driven by restrictions on public marketing efforts imposed by financial regulations such as the Financial Services and Markets Act 2000 (FSMA) in the UK. The chapter proceeds by discussing financial promotion restrictions in the UK as well as exemptions to these restrictions, including one-off communications, high net worth individuals, and sophisticated investors. It also explains the promotion of collective investment schemes (CIS) and the consequences of CIS categorisation before concluding with an analysis of laws that govern the marketing of private investment funds in the United States, namely: the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, and the Securities Exchange Act of 1934.
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Horatia Muir, Watt. Part III Regimes and Doctrines, Ch.42 Theorizing Private International Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198701958.003.0043.
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This chapter focuses on the social and economic consequences of private international law, both for the distribution of power in a transnational setting and for issues of identity and community in a world in which new polities are emerging. Furthermore, it highlights the potential insights provided by each of three explanatory models, which in some novel combination may help pave the way towards a renewed theoretical approach to private international law. The three models to be considered are based on conflict, cooperation, and competition. Each uses a distinct vocabulary: protection of sovereignty or state interests, conflicts of systems or, more recently, norm-collision; international harmony, comity, enlightened self-interest, or the mutual convenience of nations; and regulatory arbitrage and competition, a free market for legal products and judicial services, and the interests of the business community.
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Pistor, Katharina. Moneys’ legal hierarchy. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0008.
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This chapter discusses the way in which money is legally constructed and hierarchically structured. In financial markets, participants trade different forms of money, some of which is state-issued and some privately issued. A form of money is closer to the “apex” of the system the closer it is to entities that can issue liquid means or determine acceptable forms of payment, such as central banks and governments. During financial crises, market participants close to the “apex” are systematically advantaged. Various legal devices, e.g. property rights, collateral rights, or trust law, contribute to hierarchically structuring the financial system, by granting preferential treatment to some moneys over others. As the historical development of money shows, public and private entities have been closely intertwined in its creation. These legal constructions reveal questions of justice at the very core of the financial system, with regard to both unchecked hierarchies and unjustified distributions of losses.
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Whish, Richard, and David Bailey. Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198779063.001.0001.
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The book explains the purpose of competition policy, introduces the reader to key concepts and techniques in competition law and provides insights into the numerous different issues that arise when analysing market behaviour. Describing the law in its economics and market context, the chapters particularly consider the competition law implications of business phenomena, including distribution agreements, licences of intellectual property rights, cartels, joint ventures and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines and periodical literature. The text has been updated to include the changes to UK law introduced by the Consumer Rights Act 2015, including the reform of collective actions. It also considers the Directive on Antitrust Damages Actions and other measures designed to facilitate private enforcement of competition law. The book also discusses for the first time the application of competition law to price signalling, algorithmic collusion and other atypical cartel activities; it also incorporates extensive new case law and decisional practice at EU and UK level.
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Beck, Robert J. International Law and International Relations. Oxford University Press, 2018. http://dx.doi.org/10.1093/acrefore/9780190846626.013.406.
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International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states and between nations. It serves as a framework for the practice of stable and organized international relations (IR). International law differs from state-based legal systems in that it is primarily applicable to countries rather than to private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. The immense body that makes up international law encompasses a piecemeal collection of international customs; agreements; treaties; accords, charters, legal precedents of the International Court of Justice (aka World Court); and more. Without a unique governing, enforcing entity, international law is a largely voluntary endeavor, wherein the power of enforcement only exists when the parties consent to adhere to and abide by an agreement. This is where IR come about; it attempts to explain behavior that occurs across the boundaries of states, the broader relationships of which such behavior is a part, and the institutions (private, state, nongovernmental, and intergovernmental) that oversee those interactions. Explanations can also be found in the relationships between and among the participants, in the intergovernmental arrangements among states, in the activities of multinational corporations, or in the distribution of power and control in the world as a single system.
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Filip, Tuytschaever, and Wijckmans Frank. Vertical Agreements in EU Competition Law. 3rd ed. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198791027.001.0001.
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The book discusses the EU competition law regime and practice in respect of vertical agreements. The concept of vertical agreements is not limited to distribution arrangements, but covers also supply and subcontracting scenarios. Particular attention is paid to e-commerce and the sector-specific rules applicable to the automotive industry (Regulation 461/2010). The book covers systematically the various aspects of Regulation 330/2010, which is the European block exemption regulation generally applicable to vertical agreements, as well as the Vertical Guidelines related thereto. In addition to a systematic presentation of the relevant legal concepts, the book provides practical guidance and concrete cases. Such cases include European precedents and decisions adopted in national competition law proceedings. The authors have inserted concrete examples stemming from their private practice in the field. The book offers concrete guidance for vertical agreements falling outside of the scope of Regulation 330/2010 where the parties may need to conduct a so-called self-assessment. It describes the economic theories underpinning such assessment and presents the relevant economic concepts in a digestible manner. The book is intended as an easy reference tool for private practitioners and legal scholars. The second edition of the book has been labelled by many practitioners as their ‘bible’ on vertical agreements.
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Dingwall, Joanna. International Law and Corporate Actors in Deep Seabed Mining. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898265.001.0001.
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Corporate participation within deep seabed mining raises unique challenges for international law. Commercial investment by private corporate actors in deep seabed mining is increasing. The deep seabed beyond national jurisdiction (the Area) comprises almost three-quarters of the entire surface area of the oceans, and it is home to an array of prized commodities including valuable metals and rare earth elements. These resources constitute the common heritage of mankind. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority (ISA) is responsible for regulating the Area for the benefit of humanity and granting mining contracts. Although mining activities in the Area remain at the exploration stage, in recent years, there has been a marked growth in investment by private corporate actors, and an increasing impetus towards exploitation. This increasing corporate activity presents challenges, including in relation to matters of common management, benefit sharing, marine environmental protection and investment protection. In part, these challenges stem from the often-contentious role of non-state actors, such as corporations, within the international legal system. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this study advances the discourse by addressing the extent of any tension between corporate commercial activity in the Area and the achievement of the common heritage of mankind.
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Dignam, Alan, and John Lowry. 7. Share capital. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0553.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.
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Dignam, Alan, and John Lowry. 7. Share capital. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0007.
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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines how company law governs maintenance of a company’s share capital, with emphasis on the distinction between private and public companies. It also discusses various ways in which shareholders might legally receive funds (‘distributions’) from the company, including issuance of shares and payment of shares in kind (that is, goods, property, or services rather than in cash). The relevance of the nominal value of shares issued to shareholders, the issue of paying dividends to shareholders, and disguised return of capital to shareholders are considered as well. The chapter also examines two other means of returning funds to shareholders, reduction of share capital and redemption or purchase by a company of its own shares, before concluding with an assessment of the prohibition and the exceptions concerning the issue of financial assistance for the acquisition of shares in a public company.
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Gray, Hazel. Turbulence and Order in Economic Development. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198714644.001.0001.
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The terms of debate on the role of institutions in economic development are changing. Stable market institutions, in particular secure private property rights and democratically accountable governments that uphold the rule of law, are widely seen to be a prerequisite for economic transformation in low-income countries. Yet over the last thirty years, economic growth and structural transformation has surged forward in a range of countries where market and state institutions have differed from these ideals, as well as from each other. This book studies the role of the state in economic transformation in two such countries, Tanzania and Vietnam. These were two of the poorest countries in the world in the early 1980s but, over the last thirty years, both have experienced significant changes in the pace and character of economic development. While both countries experienced faster rates of GDP growth, their paths of economic transformation were very different. Vietnam experienced rapid manufacturing growth and poverty reduction while Tanzania’s path of economic change was characterized by the rise of mining and a much slower pace of poverty reduction. Employing a political settlements approach, this book argues that their paths of economic transformation were mediated by the lasting influence of differences in the institutions and distributions of power that had been forged during the socialist period. The comparison generates new insights into the variable relationship between political order and economic outcomes.
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Cumming, Douglas, Na Dai, and Sofia Johan. Hedge Fund Organization. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190607371.003.0005.
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Hedge funds are organized as limited partnerships that obtain money from institutional investors and reinvest that money in public and private firms. Some criticize hedge funds for exacerbating financial instability, whereas others note instances of hedge fund fraud and call for greater regulation. This chapter provides a review of existing hedge fund regulation around the world regarding minimum capitalization, distribution channels, and restrictions on the location of key service providers. It also summarizes research on the consequences of hedge fund regulation in the United States and around the world involving fund performance and performance persistence. Finally, the chapter summarizes the benefits of Delaware law for hedge funds.
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Fratzscher, Marcel. The investment gap. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190676575.003.0006.
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The widespread perception at home and abroad is that Germany is Europe’s economic superstar: its economy is booming, and its economic and social policies have been impeccable. But there is a flip side to this success: Germany’s economy has fundamental weaknesses, and its economic policies have serious flaws. This chapter identifies the substantial and growing public and private investment gap in Germany as the main source of weakness and vulnerability in the German economy and discusses the measurement and origin of this investment gap, as well as its sectoral and regional distribution. In addition, the chapter explains why weak public investment is a key reason for low private investment, identifies those areas and sectors in which the investment gap is largest, and offers policy recommendations on how to close Germany’s investment gap and, thus, help solve the key economic weaknesses of the country.
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Sajó, András, and Renáta Uitz. Dangerous Liaisons. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198732174.003.0005.
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This chapter examines the idea of separating distinct governmental functions into at least three branches (horizontal separation) as a means to safeguard individual liberty. The three branches of government have different functions: the legislature legislates, the executive branch executes the laws, and the judiciary administers justice. This corresponds to the functional distribution of essential governmental tasks and competences. The chapter explores how governments based on separated (or at least divided) powers work, in a perpetual balancing exercise as a result of the operation of checks and balances. Finally, it discusses independent agencies that are now routinely added to the old constitutional mix of powers and the problem of outsourcing public powers to private actors.
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Attanasio, John. Distributive Autonomy and the Foundational Problem of Campaign Finance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190847029.003.0001.
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This chapter sketches the long-standing collision between traditional philosophical conceptions of liberty and equality, how campaign finance jurisprudence exemplifies this collision, and how the new principle of distributive autonomy avoids this collision. Distributive autonomy aims to achieve some congruence, fusion—perhaps even some synthesis—between the core constitutional values of liberty and equality in the touchy realm of first-order rights. Elections comprehend and profoundly shape autonomy, democracy, and distribution of power and wealth. Political campaigns erect the government, and government passes laws that routinely infringe on the autonomy of some and enhance that of others. Laws affect such first-order rights as political influence, privacy, and freedom from imprisonment, and lower-order rights involving the distribution of wealth and other matters. By permitting individuals to spend vast sums to influence political campaigns, the campaign finance cases shifted the entire paradigm of American democracy from decision-making based on participatory democracy to decision-making driven by donations.
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Engelman, Peter C. A History of the Birth Control Movement in America. ABC-CLIO, LLC, 2011. http://dx.doi.org/10.5040/9798400665523.
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This narrative history of one of the most far-reaching social movements in the 20th century shows how it defied the law and made the use of contraception an acceptable social practice—and a necessary component of modern healthcare. A History of the Birth Control Movement in America tells the extraordinary story of a group of reformers dedicated to making contraception legal, accessible, and acceptable. The engrossing tale details how Margaret Sanger’s campaign beginning in 1914 to challenge anti-obscenity laws criminalizing the distribution of contraceptive information grew into one of the most far-reaching social reform movements in American history. The book opens with a discussion of the history of birth control methods and the criminalization of contraception and abortion in the 19th century. Its core, however, is an exciting narrative of the campaign in the 20th century, vividly recalling the arrests and indictments, banned publications, imprisonments, confiscations, clinic raids, mass meetings, and courtroom dramas that publicized the cause across the nation. Attention is paid to the movement's thorny alliances with medicine and eugenics and especially to its success in precipitating a profound shift in sexual attitudes that turned the use of contraception into an acceptable social and medical practice. Finally, the birth control movement is linked to court-won privacy protections and the present-day movement for reproductive rights.
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Schulev-Steindl, Eva, Monika Hinteregger, Gottfried Kirchengast, et al., eds. Climate Change, Responsibility and Liability. Nomos Verlagsgesellschaft mbH & Co. KG, 2022. http://dx.doi.org/10.5771/9783748930990.
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The recent past has seen a rise in litigation seeking to hold specific private and public actors liable for their contribution to and impacts of climate change, with a relatively low success rate. This highlights the need for further research into the reasonable and just distribution of responsibility for mitigation and adaptation. This book unites renowned researchers from various disciplines to explore the challenges and opportunities of assigning responsibility and liability for climate change to specific actors. Thereby, the importance of interdisciplinary scientific dialogue on climate change is strengthened, and a new generation of jurists is to be provided with novel arguments for protecting our climate system. With contributions by Christoph Bezemek, Wei Cao, Marcelo de Araujo, Oliver Dörr, Mastawesha M. Engdaw, Daniel Ennöckl, Judith Fitz, Michael Hanemann, Monika Hinteregger, Birgit Hollaus, Gottfried Kirchengast, Verena Madner, Lukas Meyer, Lydia A. Omuko-Jung, Julia Pleiel, Mareike Rumpf, Oliver Ruppel, Kirsten Schmalenbach, Gerhard Schnedl, Eva Schulev-Steindl, Jaap Spier, Andrea K. Steiner, Karl Steininger, Erika Wagner, Julia Wallner and Ke Zhou.