Download or read book Environmental Liability and the Interplay between EU Law and International Law written by Emanuela Orlando and published by Routledge. This book was released on 2023-07-24 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role of law in responding to global environmental problems and the interplay between different levels of regulation and governance is becoming increasingly relevant in the field of liability and reparation for environmental damage. This book examines the relationship and reciprocal influences between the EU and the international legal order in a multilevel and comparative perspective, in relation to the ongoing efforts to elaborate effective regimes of liability and reparation for environmental damage. It offers a comparative analysis of legal developments in the field of environmental liability within the EU and at the international law level and addresses questions concerning the impact of such interaction on the development, implementation and enforcement of appropriate responses to environmental damage within the respective legal orders and on a global level. Given the book’s focus and the transnational legal dimension of the issues covered, this volume will be of great interest to legal academics and researchers working in the environmental law field from an EU law and international law perspective, as well as more generally to scholars interested in the study of the relationship between EU and international law. Outside academia, the book will also be of great interest to practitioners wishing to get insights into the application of the law of environmental liability in the EU and at the international law level.

Download or read book Liability of Corporate Groups and Networks written by Christian A. Witting and published by Cambridge University Press. This book was released on 2018-01-11 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put forward for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.

Download or read book Tort Liability in Multinational Corporate Groups written by Pınar Kara and published by Springer Nature. This book was released on 2023-06-18 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multinational corporate groups are important actors in today’s global economy, with the power to impact the masses through their activities. National legal systems, which usually have no extraterritorial authority, remain insufficient to regulate the activities of multinational corporate groups, which operate worldwide, not only in the countries where the parent companies reside (home country), but also in countries where the subsidiaries operate (host countries). The mentioned lack of an effective legislation leads to an unjust imbalance – to the benefit of multinational corporate groups and to the detriment, especially, of involuntary creditors, such as tort victims of corporate activities, which predominantly concern human rights abuses and environmental violations. Against this backdrop, the book firstly assesses the position of multinational corporate groups in international law and then discusses potential reforms to corporate law that would allow for a multi-stakeholder approach. It analyses certain aspects of Turkish tort law that could potentially accommodate liability claims against the parent companies of multinational corporate groups for damage incurred due to their transnational subsidiaries’ activities (referred to as ‘foreign direct liability’ in legal doctrine). To this end, the potential legal grounds of fault liability and strict liability are assessed under Turkish law, with a particular focus on the duty of care, in comparison with the corresponding case law in the UK and the Netherlands. Mandatory human rights due diligence is also analysed with a view to proposing a new regulation in Turkish law. Lastly, the aspects of foreign direct liability claims related to private international law are assessed in order to answer the questions of jurisdiction and applicable law within the scope of a comparative legal study.

Download or read book Corporate Liability for Transboundary Environmental Harm written by Peter Gailhofer and published by Springer Nature. This book was released on 2022-11-14 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.

Download or read book Related Party Transactions and Corporate Groups written by Ivan Romashchenko and published by Kluwer Law International B.V.. This book was released on 2020-03-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a market environment where economic actors conduct themselves as diligent and conscientious managers, the regulation of related party transactions (RPTs) would be largely irrelevant. Unfortunately, the corporate reality is far from an ideal world that is innocent of market abuse and corporate fraud. It remains necessary to protect minority shareholders from the wrongdoings of majority shareholders and to protect all shareholders from opportunistic managerial behaviour. This timely book – the first on the subject since implementation of the European Union’s (EU’s) revised Shareholders’ Rights Directive – provides in-depth analysis of how and to what extent RPTs are covered by existing legal requirements on capital protection and corporate group regulation, highlighting experiences and strategies adopted in Germany, Poland, and the Netherlands as examples for Eastern European countries and in particular Ukraine. Beyond his comparative analysis of the current status, the author offers recommendations for more effective handling of RPTs, investigating such aspects as the following: what constitutes a corporate group and how group issues are regulated in the various legal systems; what constitutes a conflict of interest originating in ownership and control and what types of such conflicts occur; whether RPTs within corporate groups should receive special treatment relative to transactions outside groups; combatting corporate raiding, most often carried out through illegal seizure of corporate assets; approval and disclosure requirements for RPTs; and how information about RPTs is disclosed publicly. Drawing on resources including legislation, case law, scholarship, and intensive discussions with practicing lawyers from several jurisdictions, the author underscores the imperative of establishing limitations and requirements that oblige a company’s officers, shareholders, and other potential related parties to follow certain rules whenever they wish to enter into an RPT. As a contribution to the debate about the convergence between EU corporate law and that of major eastern European states, the book has no peers. Practitioners in both East and West who advise on compliance with regulations for RPTs or represent stakeholders’ interests against abusive RPTs will ensure appropriate remedies and protection mechanisms for their clients.

Download or read book Corporate Governance and Corporate Social Responsibility How to Tackle Environmental Imperatives in Company Law written by Christophe George and published by Stämpfli Verlag. This book was released on 2023-10-04 with total page 954 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book first discusses the concepts of corporate governance and corporate social responsibility (CSR) and provides a new framework to deal with these issues in the context of sustainability. It then explores the requirements of "an end state of global sustainability" and subsequently moves to a detailed analysis of the current governance regime, delving into the CSR-related liabilities and incentives at stake for both corporations and their directors. It concludes with a framework suggesting that there are four normative avenues for addressing environmental and social imperatives in company law, which helps reflect on how to tackle the "potentiality for a sustainability gap" in corporate governance and CSR. The author always discusses practical realities and incentives, at both the policy and corporate levels, in addition to theoretical aspects. The thesis on which this book is based received the distinction "Summa Cum Laude" and the 2023 Law Faculty Prize from the University of Lausanne. Dr Christophe George is a Research Associate at the Centre for Business Research in the University of Cambridge. He holds a PhD in Company Law and Management from the University of Lausanne, a Master of Law (LLM) from the University of Cambridge, a Master in Management from Harvard University, and a Master in Law and Economics from HEC Lausanne.

Download or read book Abuse of Companies written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2019-09-05 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.

Download or read book International Trade and the Protection of the Environment written by Simon Baughen and published by Taylor & Francis. This book was released on 2023-03-31 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, International Trade and the Protection of the Environment provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century. This book asks the questions does the treatment of ‘measures tantamount to expropriation’ have the capacity to lead to a ‘regulatory chill’ on environmental protection and what are the possibilities for claims before the UK courts that are based on alleged violations of international law? To answer them the author offers: an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech dispute a comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rights an analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under the Alien Trot Claims Act 1789 Incisive and current, this text is a valuable tool for postgraduate law students studying international and commercial law.

Download or read book The Greenhouse Gas Protocol written by and published by World Business Pub.. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The GHG Protocol Corporate Accounting and Reporting Standard helps companies and other organizations to identify, calculate, and report GHG emissions. It is designed to set the standard for accurate, complete, consistent, relevant and transparent accounting and reporting of GHG emissions.

Download or read book Sourcebook on Environmental Law written by Maurice Sunkin and published by Routledge. This book was released on 2001-11-30 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 1 SOURCES AND PRINCIPLES OF ENVIRONMENTAL LAW -- chapter THE SOURCES OF ENVIRONMENTAL LAW Environmental law: the international perspective -- chapter The sources of international environmental law -- chapter Customary international law General principles of international law -- chapter Judicial decisions and the writings of eminent publicists United Nations General Assembly Resolutions -- chapter Environmental law: European Community perspective -- chapter The institutions of the EC -- chapter Law-making by Community institutions -- chapter Voluntary agreements -- chapter Application of direct effect -- chapter Environmental directives with direct effect -- chapter The duty to interpret national law in the light of a directive: 'indirect effect' -- chapter The subsidiarity principle -- chapter The EC's Environmental Action Programmes -- chapter Statutes Delegated legislation Codes of Practice -- chapter Ministerial guidance Government White Papers Reports of the Royal Commission on Environmental Pollution -- chapter Select Committee reports The Environment Agency -- chapter PRINCIPLES OF ENVIRONMENTAL LAW The relationship between principles Sustainable development -- chapter Preventive and precautionary principles -- chapter The principle of citizen participation and the right to a healthy environment -- chapter The principle of integration -- chapter Integrated pollution control -- chapter ENVIRONMENTAL PRINCIPLES: THE KEY INSTRUMENTS Defining the 'environment' and 'pollution of the environment' Stockholm Declaration on the Human Environment 1972 -- chapter Rio Declaration on Environment and Development 1992 -- chapter LIABILITY FOR ENVIRONMENTAL DAMAGE International liability for environmental damage -- chapter European Community law -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter AIR AND ATMOSPHERIC POLLUTION -- chapter Structure of the chapter AIR AND ATMOSPHERIC POLLUTION: THE INTERNATIONAL CONTEXT Customary international law -- chapter Framework Convention on Climate Change 1992 -- chapter Kyoto Protocol 1997 -- chapter Monitoring and Evaluation Protocol 1984 Sulphur Protocols 1985 and 1994 Nitrogen Oxides Protocol 1988 -- chapter Volatile Organic Compounds Protocol 1991 -- chapter Vienna Convention for the Protection of the Ozone Layer 1985 and its Montreal Protocol 1987 EUROPEAN COMMUNITY LAW -- chapter Sulphur in air -- chapter Lead in air -- chapter Vehicle emissions -- chapter Emissions from industrial plants -- chapter Towards a unified framework for EC air quality law and policy Air Quality Framework Directive 96/62 -- chapter CAFE -- chapter Local air quality management areas (AQMAs) -- chapter Road traffic pollution -- chapter Restricting the use of roads and traffic management -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter WATER AND MARINE POLLUTION -- chapter INTERNATIONAL LAW UN Convention on the Law of the Sea 1982 -- chapter International legal regime for vessel-source marine oil pollution -- chapter MARPOL Convention 1973/78 -- chapter Measures controlling the release of substances into water -- chapter Titanium dioxide Measures protecting designated types of water -- chapter Bathing water -- chapter Urban waste water -- chapter The Water Framework Directive 00/60 -- chapter Cambridge Water Co v Eastern Counties Leather plc [1994] 1 All ER 53 -- chapter Water pollution legislation -- chapter Licences to abstract water Droughts -- chapter Ministerial Regulations - water quality classification and objectives -- chapter Anti-pollution works Prevention of pollution -- chapter Public registers Quality of water supplies -- chapter REFERENCES AND FURTHER READING -- chapter USEFUL WEBSITES -- chapter WASTE -- INTRODUCTION TO THE LAW RELATING TO WASTE -- chapter Dumping at sea -- chapter International trade in hazardous wastes and substances -- chapter Basel Convention 1989 -- chapter Bamako Convention 1991 -- chapter Basel Protocol on Liability and Compensation 1999 -- chapter Directive on Waste 75/442 (WFD) (see p 389, below) -- chapter Directive on the Disposal of Waste Oils 75/439 -- chapter Council Regulation on the Shipment of Waste 259/93 -- chapter Directive on Sewage Sludge Directive 86/278 Directive on Packaging Waste Directive 94/62 -- chapter Directive on the Landfill of Waste 99/31 -- chapter Further developments -- chapter The statutory definition of 'waste' -- chapter Is the material capable of being waste? Has the material been discarded? -- chapter Not all discarded material will be waste -- chapter National Waste Strategy -- chapter Waste Strategy 2000 -- chapter The key messages of the strategy (Chapter 1) -- chapter The waste strategy summarised.

Download or read book Company Law and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-05-21 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.

Download or read book Challenging Private Law written by William Day and published by Bloomsbury Publishing. This book was released on 2020-11-26 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Download or read book Shareholders Duties written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2017-01-15 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that shareholders have rights, not duties. In recent years, however, this assumption has come under intense scrutiny in all aspects of company law and capital market law -legislation, the courts, soft law, and scholarship - and, in Europe especially, major changes are under way across a diverse spectrum all the way from revised contractual arrangements to mandatory statutory provisions. Such a shift has important implications for the fundamentals of European company law, and there is a need to examine shareholders' duties and to consider where this trend is taking shareholders and their stance in law. This focused collection of essays by twenty notable scholars addresses this complex subject from a highly informative and useful variety of perspectives. Examining shareholders' duties along three axes - types of investee companies, types of shareholders, and types of business situations - the essays deal with such topics and issues as the following: - shareholders' duties as reflections of the interests they are intended to safeguard; - shareholders' duties to society; - shareholders' disclosure obligations; - duties of parent companies; - institutional investor's fiduciary duty; - how regulatory duties constrain value-reducing forms of opportunism; - the state's continuing duties in the transformation of state-owned companies; - significant shareholders' duties in transactions with the company; and - powerful shareholders' duty not to abuse right. Examining the implications of this shift in discourse - how shareholders' duties are coming to the fore under the impetus of legislation, legal doctrine, case law, and enforcement strategies - as well as its ideological underpinnings, this book offers a comprehensive and in-depth consideration of this rapidly developing field. It will prove of inestimable value not only to policymakers and academics, but also to investors and practitioners committed to creating conditions favourable to sustainable economic growth and responsible business behaviour.

Download or read book Groups of Companies written by Rafael Mariano Manóvil and published by Springer Nature. This book was released on 2020-03-16 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive study on how twenty-three countries have approached the issue of company groups. In addition to detailed profiles of each country’s legislation, written by some of the most respected experts in the field, the book also presents a general overview and offers readers an in-depth, up-to-date and highly practical comparative analysis of the company group phenomenon in connection with national legal regimes. As such, the book is a must-read for all those seeking a deeper understanding of how company groups are viewed and regulated around the globe.

Download or read book Multinational Enterprises and Tort Liabilities written by Muzaffer Eroglu and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book conducts an interdisciplinary and comparative examination of tort liabilities of multinational enterprises (MNEs). It examines the social, economic, managerial and legal characteristics of MNEs and compares the findings of this examination to the current understanding of MNEs in the way that tort liability is applied to them. Existing laws and principles related to liability of MNEs are explored from a variety of jurisdictions with the aim of assessing whether these laws are adequate for the challenges that modern MNEs create. Muzaffer Eroglu also proposes solutions to the problems of tort liability of MNEs. Comparing the theory of control in existing laws and the theory of control in business management structure, Multinational Enterprises and Tort Liabilities will be of great interest to academics, researchers, students and practitioners. It will also appeal to NGOs particularly interested with the liabilities of MNEs for their human rights breaches.

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Corporate Governance and CSR Strategies for Sustainability written by Pucelj, Maja and published by IGI Global. This book was released on 2024-04-09 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental link between human rights and sustainability still needs to be more adequately understood in a world grappling with a complex social environment that needs to be challenged. This knowledge gap has far-reaching repercussions, leading to unsustainable practices, social inequality, and environmental degradation. Addressing this pressing issue requires a comprehensive understanding of how human rights principles can underpin sustainable development and socially responsible behavior. Corporate Governance and CSR Strategies for Sustainability offers a transformative solution by providing a deep and interdisciplinary exploration of the nexus between human rights, sustainability, and social responsibility. Drawing from diverse fields such as law, social sciences, economics, and environmental studies, it illuminates the foundational role of human rights in shaping sustainable and socially responsible societies. By dissecting topics like the rights of marginalized groups, business impacts on human rights, and policy frameworks for sustainability, it provides a roadmap for scholars, policymakers, and practitioners seeking to navigate these complex issues.