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This study aims to investigate beneficial right as a new legal concept and term accepted by the Indonesian legal system. The new concept was ratified to endorse government decision to use ṣukūk (as an Islamic financial instrument) in the financing of state budget deficit. Some legal issues emerged after the ratification such as the necessity to synchronize the beneficial right with other property rights in Indonesia and the disharmony between laws related to sovereign ṣukūk issuance.

The study uses a qualitative method with library study and interviews with relevant legal experts in Indonesia as the data collection techniques.

The findings show that the passage of Sovereign Ṣukūk Law 2008 that ratified beneficial right deemed as a concession point by the government to solve conflicts between legal restriction and employment of state-owned assets as the underlying asset of sovereign ṣukūk. The study deemed the necessity to improve the use of beneficial right in the Indonesian legal system which by the concept is not exercised for the issuance of sovereign ṣukūk only. There is the need to harmonize the administration of this right with other property rights in Indonesia.

The scope of study will be limited to the Indonesian regulation related to the use of beneficial right concept in the issuance of sovereign ṣukūk in Indonesia. The regulation as mentioned will be in the form of statutes, presidential or ministerial regulations, and also opinions of Indonesian legal and sharīʿah scholars regarding the matter.

This study may explore significantly the use of beneficial right for the issuance of sovereign ṣukūk by the Government of Indonesia. Specifically, the study reveals and addresses the issues that are following the ratification of beneficial rights originated from the common law system into the Indonesian civil law system.

Based on the brief historical review, the purpose of this paper is to expound the target and bottom line for the farmland institutional reform of in China, analyze the “Chinese scenes” and historical heritage of farmland institutional arrangement, evaluate the policies and their effects over the last four decades and outline the keynotes and possible direction of the future reform.

The paper builds the analytical clue of “institutional target – institutional heritage – policy effort – realistic dilemma – future direction” and review and forecast the Chinese farmland institutional reform.

The farmland institution is an important issue with Chinese characteristics. Over the last four decades, the farmland institutional reform in China has focused on “stabilizing the land property rights” and “promote the farmland transfer.” As the study indicates, the promotion of farmland transfer has not effectively improved the scale economy of agriculture and stabilizing land property rights by titling may restrain the development of farmland transfer market because farmland transfer is of special market logic.

It depends on the revitalization of farmland management rights to resolve the transaction constraint of personal property and its endowment effect in farmland transfer. And, classifying the land management property to involve farmers into the economy of division can be reference for the reform of traditional agriculture worldwide.

In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at looking towards its future.

The purpose of this paper is to examine the feasibility of adopting a market‐based land use model, Transfer of Development Rights (TDR), which is very popular in America and other countries as a positive land use control mechanism for conservation, in an evolving socialist land economy, namely China.

This paper utilizes a case study approach, supplemented by a cost‐benefit model, to estimate the feasibility of establishing a TDR model in Chongqing, China.

From the analysis, it is found that a market‐based land use mechanism can serve to maximize the benefits of all parties and can balance the interests between development pressures and conservation needs. However, this is based on a number of conditions, including: that a well‐developed legal framework should be set up, to clearly delineate property rights; that a good and enforceable planning system should be in place; and that a mature land market mechanism should be developed that allows open market prices to be realized in the trading of development rights.

This case study is based on a hypothetical situation of one case. More data are needed to support the argument in the future.

Conservation is a major concern for the local governments in China, given the recent high speed economic growth. A model that can balance development pressure, while allowing the market to compensate fully for the infringement of property rights in the process of urban regeneration, is worthy of the authority's attention in future policy formulation.

This paper shows that the society as a whole can strike a balance between the need for economic development and conservation of historic sites, provided some conditions can be met.

This paper fulfills an identified need to study the establishment of a market‐based land use model in the conservation policy of land in China.

This paper seeks to analyse the different characteristics a bill of lading holds as a document of title, including the proprietary effects a transfer of goods in transit can have and the bill's use as a means of security as well as its limitations in mo6dern international commerce.

The paper examines the document's nature and the evolution of its traditional legal functions. The analysis includes, among other things, the implications different types of bills have as an instrument in commercial trade. Special attention is given to the attributes that are likely to limit the bill's application in modern international trade, concerning both its scope and value. Finally, the paper offers a set of conclusions and suggests reform measures.

The paper shows how technological innovations in recent years have resulted in the emergence of new forms of transport documentation that might challenge the bill's role in the future. The paper provides a clear understanding of the problems associated with the bill's current form and outlines the main approaches proposed to meet its need for reform.

The paper offers a conceptual analysis of the bill's weak points and discusses how simplification and standardisation, a central registry system and electronic transmission of information may be able to increase efficiency.

Critical assessment undertaken may pave the way for an open discussion on the subject. Legal culture and mercantile customs should be taken into consideration if a successful and sustainable reform is to be achieved.

Under the European Union’s 1977 Acquired Rights Directive, workers transferred to another employer can expect the majority of their original terms and conditions of employment to be protected and changes made without consultation can constitute constructive unfair dismissal. Confusion over the application of the directive greatly affected the introduction of compulsory competitive tendering to the provision of local authority services in the UK. Many of the issues remain unresolved and will cause problems as compulsory competitive tendering is replaced by the duty on authorities to “achieve best value”. This article seeks to clarify the position for employers by reviewing the most recent case law from both British and European courts.

The purpose of this paper is to articulate the law relating to syndicated loan agreements and what legal experts and parties need to safeguard against inherent pitfalls in its usage and practice. The research design of this paper has two strands: an examination of generic issues relating syndicated loan agreements and the process; and the mechanisms for transferring proprietary rights and interests should parties want to do so.

The paper was written on the basis of evaluating primary and secondary data sources to gain insights into commercial experiences of harnessing syndicated loan facilities as an alternative form of raising finance for development projects. It has examined case law which reflects the law and practice of syndicated loan markets both in common and civil law jurisdictions. Particular attention has been paid to the credibility of source materials and its relevance to usage and practice of syndicated loan agreements. The core element of this methodology has been an evaluation of generic issues which underpin syndicated loan agreements, analysis of academic literature and evaluation of cases and policy documents. The paper has drawn examples in both common and civil jurisdictions to gain insights into the law which governs syndicated loan markets and its practical application. There has been an uptake in syndicated loan markets not only in United Kingdom but also globally. While there has been a growing body of literature on syndicated loan markets, mechanisms for transferring proprietary rights and interests of contractual parties have not been given proportionate attention. The paper addresses a gap in the law of syndicated loan markets and the varied ways in which they are harnessed in international commercial practice. It addresses existing gaps in the law and practice of syndicated loans, not only in the UK but also in other jurisdictions where examples have been drawn. The research design of this paper has two strands: an examination of generic issues relating loans and the process in which they are constituted as financial products; and the mechanisms for transferring proprietary rights and interests.

The findings underscore the fact that much as syndicated loans offer huge advantages to commercial parties, there are also intricacies which parties need to keep in mind and guard against. Like in other forms of commercial agreements, parties to a syndicated loan agreement have the power to nominate the governing law not necessarily from jurisdictions where they do business but as they may see fit. In practice, effective contractual terms in syndicated loans are to be applied slightly differently to other form of commercial agreements in English contract law. For example, representation and warranties are grouped together and constitute statements by the borrower, which the lender considers should be true at the inception of the loan agreement. As a syndicated loan involves the participation of many banks (obviously some foreign banks), there is the potential for conflict of laws. As such, arranging a syndicated loan should be governed by the relating to international commercial contracts to address the challenge posed by conflict of laws. This is essential to ensure proprietary transfer of rights in the asset are properly constituted and effective. The loan should be carefully structured to reflect important technical issues which relate to duties and obligation of contractual parties.

This was largely a theoretical paper undertaken on the basis of evaluating primary and secondary data sources, some of which were not able to corroborate. It would have been better to corroborate some of the data sources used with financial institutions (which specialise in syndicate loans and related products) to mitigate the potential for bias the data used were generated.

It is important that legal practitioners and policy markers have access to requisite data on different types of loan markets not only in the UK but also other jurisdictions. One of the most important implication is that unlike bond markets (which are sought in response to an uptake in market risks), the foregoing environment tends to negatively correlate in syndicated loan markets. Lending institutions such as banks tend to be cautious when there are instabilities in the market as demonstrated in the aftermath of the recent global financial crisis (2010-2014). There is a converse relationship between loan markets and syndicated loans, which is explained by the fact that the higher the risks, the more cautious lenders (financial institutions) tend to be to safeguard against uncertainties of ending in an environment which is not conducive for business. Bonds on the other hand are sought as security by credit markets against inherent risks especially in times of economic uncertainties. This is why in the aftermath of the recent global financial crisis, banks were anxious and unwilling to lend not only to each other but also to small business for fear and to curtail potential market risks. It needs to be noted that just like in other forms of international commercial agreements, parties in syndicated loan agreements have autonomy to nominate the governing law of the agreement, not necessarily from jurisdictions where parties do business. Where parties have not nominated the governing law clause of syndicated loan contracts, rules of private international law such as characteristic performance of the contract will apply.

There is a growing body of literature on syndicated loan markets, but one wonders why mechanisms for transferring proprietary rights and interests of contractual parties have not been written about as much. It is an important area but has somehow been overlooked by scholars on this subject. If the borrowers’ fails to keep up their repayments (default), it will have an adverse on loan markets and the economic stability which will in turn affects businesses, people and national governments.

The paper was written on the basis of evaluating primary and secondary data sources to gain insights into commercial experiences of harnessing syndicated loan facilities as an alternative form of raising finance for development projects. It has examined case law which reflects the law and practice of syndicated loan markets both in common and civil law jurisdictions. Particular attention has been paid to the credibility of source materials and its relevance to usage and practice of syndicated loan agreements. The core element of this methodology has been an evaluation of generic issues which underpin syndicated loan agreements, analysis of academic literature and evaluation of cases and policy documents. The paper has drawn examples in both common and civil jurisdictions to gain insights into the law which governs syndicated loan markets and its practical application.

The aim of this paper is to examine the inter-generational transfer by not only looking at the monetary transfer as discussed by many economists and sociologists but also by advancing the conceptual discussion and illustrating it with some examples of empirical comparison.

This paper provides recent theoretical and empirical work on inter-generational transfer from the viewpoint of different systems and compares it to the Islamic view of inheritance.

One finding of this paper is that the Islamic inheritance system is a socially and economically more comprehensive and broad framework than inter-generational transfers from another system.

This paper is considered as an original approach to the framework of the Quranic basic source and Islamic literature regarding inter-generational transfer compared to another system.

This is the first of a series of studies emanating from the UK JISC‐funded RoMEO Project (Rights Metadata for Open‐archiving) which investigated the IPR issues relating to academic author self‐archiving of research papers. It considers the claims for copyright ownership in research papers by universities, academics, and publishers by drawing on the literature, a survey of 542 academic authors and an analysis of 80 journal publisher copyright transfer agreements. The paper concludes that self‐archiving is not best supported by copyright transfer to publishers. It recommends that universities assert their interest in copyright ownership in the long term, that academics retain rights in the short term, and that publishers consider new ways of protecting the value they add through journal publishing.

The purpose of this paper is to summarize the institutional evolution of China's farmland property rights deformity with its internal logic, analyze its property rights deformity and the invasions of these rights under the family operation background, and puts forward fundamental suggestions for reforming farmland property rights in China.

The concept of “public domain” raised by Barzel in 1989 is used and extended to analyze China's farmland system.

There exist five sorts of public domain and two apparent characteristics of property rights deformity: the unclear final controlling rights for some valuable attributes of goods of the “public domain”; and the “public domain” deliberately created by the government. The public domain caused by technical factors and owner's real capability are herein excluded.

China's past and present farmland system is a result of the government's compulsory system arrangements instead of market evolution. The expansion of public domains III and V has directly shrunk peasants' residual property rights. The concept of “public domain” is developed to reveal the essence of China's farmland property rights deformity.