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1 – 10 of over 5000Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
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The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product…
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The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product liability debate. These issues recur throughout the article. Part II outlines the development of product liability law in Europe and assesses the impact of the European Directive on Product Liability. The “product liability crisis” in the United States is discussed in Part III, which looks at the law's development and proposals for reform. In Part IV the United States and European positions are compared and the case is made out for a global uniform product liability law which recognises the social responsibility of the producer towards those injured by his products.
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
As early as 1818 in Marseilles merchants were asking the courts to recognise the legal character of the maritime sale of goods, which was a sale of a bill of lading representing…
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As early as 1818 in Marseilles merchants were asking the courts to recognise the legal character of the maritime sale of goods, which was a sale of a bill of lading representing goods at sea in a ship. The courts of Marseilles found suitable to hear and decide cases in accordance with the law merchant despite the lack of authority in the French Commercial Codes. Merchants everywhere began to deal with documents representing goods without waiting to check the goods as it was the practice under the Napoleonic Code. Thus, the transition of the bill of lading from a mere receipt to a negotiable instrument developed by the practice of merchants arranging the sale of goods in transit. The success of the use of bills of lading in international trade is attributable to its negotiable character and its feature as a document of title.
Salespeople assume legal obligations every time they talk with a potential buyer. Obviously, the sales manager is ultimately accountable for these obligations. It is crucial…
Abstract
Salespeople assume legal obligations every time they talk with a potential buyer. Obviously, the sales manager is ultimately accountable for these obligations. It is crucial, then, that the sales manager and the sales force of today be cognizant of the part a sales presentation may play in creating a legal warranty. The sales manager must be conscious of the increasing legal penetration into the sales area. It is more and more difficult to direct the sales force to give one's product every available edge, yet stay within the boundaries of the law. The sales manager, therefore, should make all salespeople aware of the legal implications of what they communicate to the customer. In addition, the sales force must realize the importance of its sales delivery in view of the law. There is no excuse for ignorance, for there is an abundance of information available in the form of books, periodicals, and government documents. Care must be taken to insure that the required restraints on ambitious salespeople doesn't weaken their spirits and morale — resulting in fewer sales — but the costs and legal suits avoided, and the good‐will that is retained may more than compensate. Prior to dealing with the specifics of the salesperson's behavior and its legal implications, the pertinent portions of the Uniform Commercial Code are briefly reviewed.
Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the…
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Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.
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The purpose of this paper is to examine the current legal framework for payment system in international Islamic trade finance vis‐à‐vis the new regime introduced by the Uniform…
Abstract
Purpose
The purpose of this paper is to examine the current legal framework for payment system in international Islamic trade finance vis‐à‐vis the new regime introduced by the Uniform Customs and Practice for Documentary Credits (UCP) 600 as well as the Sharī'ah Standard on Documentary Credits issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Sharī'ah Resolutions of selected Sharī'ah Boards of Islamic financial institutions.
Design/methodology/approach
A partial comparison of both the UCP 600 and the Sharī'ah framework for documentary credit is given through the content analysis of relevant sources.
Findings
The AAOIFI Sharī'ah Standard on Documentary Credits, as well as other applicable Sharī'ah resolutions of Islamic financial institutions, does provide a good framework for a Sharī'ah‐compliant documentary credit system, which is unique to trade in Islamic finance products, but there is scope for further improvement, taking into consideration the two possibilities proposed in the available literature on the subject – harmonization or bifurcation of rules. The UCP 600 also allows for the exclusion or modification of the rules to suit the specific needs of the Islamic finance industry.
Research limitations/implications
This study focuses only on UCP 600 and the Sharī'ah framework on Documentary Credits, though bearing mind that there are other frameworks for documentary credit systems such as the International Standby Practices (ISP98) and letters of credit issued under Article 5 of the New York Uniform Commercial Code.
Practical implications
Islamic financial institutions should implement the provisions of the AAOIFI Sharī'ah standard on documentary credits but may require a different framework for international trade financing involving both Islamic banks and conventional banks.
Originality/value
Though few studies have been conducted on Sharī'ah issues regarding the application of the documentary credits, this seems to be the first time where a more proactive step is taken to propose two different frameworks for transactions involving Sharī'ah compliant financing.
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The political process behind the Uniform Computer Information Transaction Act (UCITA) and the implications for higher education are described. The negotiation, acquisition, and…
Abstract
The political process behind the Uniform Computer Information Transaction Act (UCITA) and the implications for higher education are described. The negotiation, acquisition, and delivery of digital information to students and faculty are core services of academic libraries. UCITA is a proposed USA state contract law intended to regulate commercial transactions of intangible digital goods, such as computer software, online databases, and other digital information resources. UCITA may weaken the ability of libraries to negotiate balanced contracts. Group theory is used as a conceptual framework for explanation and analysis. Conclusions are: higher education institutions need to be aware of their role as economic entities in public policy formation, and librarians need to educate college and university administrators regarding the significance and institutional impact of digital information public policy.
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