Product Description

This book brings together in-depth, wide-ranging articles by legal experts in the area of business contracts. It focuses on the modern forms of business contracts and exposits on the historical evolution, judicial interpretation, and future applications of such contracts. The articles bridge the gap between the theoretical understanding of contract law and its practical orientation, need, relevance, and challenges.

 

Product Description
Recent publications on business start-up have addressed a range of commercial and financial issues faced by the creators of new businesses. This work tackles legal aspects of the business start-up stage. The opening chapters deal with the legal options for the underlying structure of the new business and outline the advantages and disadvantages of trading in partnership, as a company or as a sole trader. The next section develops the theme and explains methods of financing the business. The remaining chapters address the questions of insurance, taxation, employment law and intellectual property rights. The approach adopted is essentially practical, outlining the relevant law and the steps to be taken to secure legal protection. The intended readership of the book includes not only legal practitioners, but anyone whose task it is to advise people setting up new businesses, and the book is designed to inform advisers on a range of legal issues which should be addressed at the start-up stage. It should also be of interest to business people themselves. ... Read more

Product Description
More than 300 million people in over 70 countries make up the world’s indigenous populations. Yet despite ever-growing pressures on their lands, environment and way of life through outside factors such as climate change and globalization, their rights in these and other respects are still not fully recognized in international law.

In this incisive book, Laura Westra deftly reveals the lethal effects that damage to ecological integrity can have on communities. Using examples in national and international case law, she demonstrates how their lack of sufficient legal rights leaves indigenous peoples defenseless, time and again, in the face of governments and businesses who have little effective incentive to consult with them (let alone gain their consent) in going ahead with relocations, mining plans and more. The historical background and current legal instruments are discussed and, through examples from the Americas, Africa, Oceania and the special case of the Arctic, a picture emerges of how things must change if indigenous communities are to survive.
It is a warning to us all from the example of those who live most closely in tune with nature and are the first to feel the impact when environmental damage goes unchecked. ... Read more

Customer Reviews (1)

Human Rights and Environmental Justice
Environmental Justice and the Rights of Unborn and Future Generations: Law, Environmental Harm and the Right to Health by Laura Westra (Earthscan)The traditional concept of social justice is increasingly being challenged by the notion of a humankind that spans current and future generations. This book, with a foreword by Roger Brownsword, is the first systematic examination of how the rights of the unborn and future generations are handled in common law and under international legal instruments. It provides comprehensive coverage of the arguments over international legal instruments, key legal cases and examples including the Convention on the Rights of the Child, industrial disasters, clean water provision, diet, HIV/AIDS, environmental racism and climate change. Also covered are international agreements and objectives as diverse as the Kyoto Protocol, the Millennium Development Goals and international trade. The result is the most controversial and thorough examination to date of the subject and the enormous ramifications and challenges it poses to every aspect of international and domestic environmental, human rights, trade and public health law and policy.
From Foreword: The globalization of human rights implies, too, the globalization of human responsibilities. For individual human rights holders, there is the responsibility to act in ways that show appropriate respect for the rights of fellow humans wherever they are located in the global community of rights. More significantly, for political and legal institutions -whether international, regional, national or sub-national - the responsibilities include promoting a culture of respect for human rights and exercising stewardship over those conditions that are essential for a flourishing community of rights.
In her latest book, Laura Westra proposes two important sets of responsibilities, one in relation to the next (and future) generations, the other in relation to the integrity of the environment. Yet, if the current generation of bearers of human rights have responsibilities only to one another, how can it be argued that their responsibilities extend to the unborn as well as to the environment? And, how can it be argued, as Westra suggests, that these are linked responsibilities?
First, if as fellow humans we must respect one another's rights, this means that we must not act in ways that threaten one another's freedom and well-being - or, at any rate, we must not so act without the authorization of the right-holder in question. If we take human rights seriously, so much is entirely straightforward.
Second, if (as surely is the case) the health of populations depends necessarily (if not sufficiently) on an adequate environmental infrastructure (clean air and water, and so on), then we threaten the well-being of human rights-holders if we damage that infrastructure. It follows that, even if the environment does not have rights, as fellow humans we owe it to one another to respect those environmental conditions that are essential for our well-being. In this sense, as members of a community of rights, we do have responsibilities in relation to the environment.
Third, even if (as the European Court of Human Rights has recently held in both Vo v. France and Evans v. UK) the unborn do not yet have human rights, it is arguable that once, as agents, we adopt reproductive purposes our responsibilities to embryonic rights holders are engaged. Even if we do no wrong by electing not to reproduce, it is arguable that the position changes once we elect to reproduce. Where we so elect, we must avoid damaging a future member of the community of rights.
Fourth, and quite simply, if we have responsibilities to future members of the com¬munity of rights and if we also have responsibilities to sustain the environment, then we must also owe those latter responsibilities to the former. In other words, our responsi¬bilities in relation to the environment are ones that we owe to both existing and future members of a community of rights.
In a context of rapid technological innovation and change, it is crucial that com¬munities of rights actively debate the nature and extent of their commitments - and, to this extent, it needs to be appreciated that the globalization of human rights is as much about process as about a finished product. Whether or not readers agree with the products of Laura Westra's arguments, it is a pleasure to introduce her book as a major contribution to the ongoing process of debate and discussion. --Roger Brownsword
Excerpt: The traditional concept of social justice is challenged by a new philosophical vision of reality, characterized by interrelatedness and interdependence. It is only such a 'gener¬ality of outlook, to use A. N. Whitehead's own words to describe the vision of an interrelated and interdependent reality, that leads us to a 'morality of outlook' with its implied notion of social justice broadened to encompass the community of humankind as a whole, extending beyond present space and time.'
The most relevant point here is the question of 'broadened' social justice, that is, a notion to include 'the community of humankind'. It is undeniable that, thus far, future generations' rights have been linked to environmental regulations, at best, and cited primarily in aspirational and soft law documents, as well as making appearances in the preambular portions of general human rights conventions and environmental treaties, and we will look at those details in Chapters 5-7.
Most often, to speak of future generations, indicates, at best, a diffuse concern for the natural systems that are increasingly failing, because they are impoverished and depleted around the world. But, unless an immediate and forceful connection can be made with visible harms to nature or to human health, most view language about future generations to be the expression of a laudable but remote concern, not something that requires our immediate involvement, our efforts and energies.
Their remoteness belies the interface between escalating ecological harms and humanity itself. Thus the erosion of global ecological integrity appears, at first glance, distant and even unrelated to social justice, in both its intragenerational and inter-generational aspects and, at times, it even appears to conflict with it. But both aspects of social justice, best captured in the concept of ecojustice, as I will argue below (Chapter 6), are neither distant nor remote, as they meet in the consideration of the rights of the first generation.
That generation is coming to be NOW, or it will come to be within our lifetime, without, however, losing its claim to be an integral part of the future of humanity as well. Perhaps then, from the point of 'ecological rights', the presence of grave harms to this first generation, demonstrate precisely the connection between environment and humankind. That is where we can see exactly the havoc our current industrial practices are wreaking on the most vulnerable of humanity. The example of those harms force upon us a consideration of justice that is far more than the neo-liberal conception of freedom to embrace preferences. Such justice in fact, brings home the result of elevating the 'freedom' of natural and corporate persons to the status of ultimate goal in society.
This problem will become clear in the first four chapters, where the conflict be¬tween individual freedoms and rights, and the 'rights' of the first generation will be shown to come into conflict in most foundational legal instruments, both domestic and international, and - most violently perhaps - in the courts. These violent clashes and the circumstances that create them, will serve to diminish the importance of arguments stating that future generations don't exist now and that, even if they will come to be, we cannot be expected to modify law and morality on their behalf, as we don't know exactly who they are, and what their choices will be.
But the child born with flippers rather than hands or feet, because of pre-birth thalidomide exposure, or the baby with one eye because of dioxin exposure (as in the Seveso disaster, see Chapter 7), both clearly demonstrate without the need for compli-cated philosophical arguments, that (a) we do know what the first generation needs to be protected from, what they need for their security and what will harm them; and (b) we know that they will exist, and bear witness to our heedless pursuit of choice, to our tolerance of corporate, often criminal negligence and to what might be termed complicity on our part.'
No longer 'remote', or unreal, therefore morally unconsiderable and unfit to claim human rights like the rest of humanity, the first generation demonstrates the commo¬nality of humankind, where neither time, nor age, nor geographical location should suffice to remove anyone from full consideration. At the same time as the plight of future generations comes 'alive' in the present and clear harms affecting the first gen¬eration, so too their own 'unreality', their lack of presence hence of considerability are no longer obvious. Their cause is linked with that of future generations who, para¬doxically, appear to have more rights - at least in theory - than the first generation possesses.
Both future and first generations are far from being front and centre when human rights are at issue, even in the most prominent United Nations documents at present. I believe that viewing these two issues as one continuous aspect of justice for humanity, might help to shed light on both groups, so that neither will continue to remain invisible to either human conscience or international law. When both issues are studied side by side, we are struck by several points of similarity that are not considered as each issue is researched on its own.
The first point is that both are considered in law aside from their own intrinsic merits: as we shall see, for instance, future generations are considered in the context of environmental or trade issues, often against the background of conflicts arising between these two fields. When we turn to the child's rights to health, despite the presence of several international legal instruments devoted exclusively to child law, case law, for the most part views child law as derivative from family law. In the case of the preborn, this problem becomes acute, as the courts limit their consideration almost exclusively to the rights and the preferences of the pregnant woman: the situation is one where women's rights, based on proliferating instruments for their defence and protection, invariably trump whatever rights an unborn human might possess.
Thus we can observe that both issues are intrinsically hard to view objectively be¬cause they are significantly 'embedded', more or less literally, in other issues and con¬cerns. Their underlying unity is thus disguised, although they are both issues of grave concern to humanity. But when considered in the way here proposed, that is as a unitary concern, they shed the limited perspective under which they were viewed and their common problems can best be appreciated and perhaps resolved.
Emmanuel Agius offers two other arguments in support of future generations' rights that, I believe, may apply equally to the first generations first, the argument from 'social justice and the weaker members of the human species',' and second, the argument for the development of human rights, after 'first' and 'second' generations' rights: the 'emergence of "solidarity rights" or "the third generation" of human rights in international environmental law'.
These arguments will be defended below, in Chapter 8. For now, it may be sufficient to note that the description of both sets of circumstances, in support of evolving future generations' rights, fit as well the consideration of the first generation. The obligations generated by the acceptance of the former are equally significant for that of the latter:
In other words, social justice demands a sense of solidarity with the whole family of humankind. We have an obligation to regulate our current consumption: in order to share our resources with the poor and with unborn generations.'
Thus, when we come to consider the best approaches in law to achieve this ideal of justice and solidarity, it is likely that whatever strategies we design for one issue, will ameliorate the situation for the other.
For now, we must start by showing clearly what is not there yet in the law: respect for either first or future generations is not embodied in the legal instruments that might be protective, either in domestic or international law. This fact needs to be demonstrated and in Part One we shall deal with the first generation in some detail, through the examination of both instruments and case law, before turning in Part Two, to future generations proper. We will then be in a better position to canvas existing regimes and jurisprudence, for the best available remedies presently existing, although perhaps not as well applied as they might be; but we will also consider all other possible options to bring about the necessary changes.
... Read more

Product Description
This digital document is an article from Mississippi Business Journal, published by Venture Publications on September 22, 2003. The length of the article is 1153 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: MSMA mulling proposals to improve legal, insurance climate.(Health Care Mississippi)
Author: Lynne W. Jeter
Publication: Mississippi Business Journal (Magazine/Journal)
Date: September 22, 2003
Publisher: Venture Publications
Volume: 25Issue: 38Page: B8(1)

Distributed by Thomson Gale ... Read more

Product Description
This text covers a variety of major topics in international business, presenting the material in a concise and easy-to-understand way. Each chapter focuses on a basic "fundamental" of international business. ... Read more

Product Description
This digital document is an article from Mississippi Business Journal, published by Venture Publications on January 24, 2005. The length of the article is 814 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Mississippi legal community watching as Ebbers' trial unfolds.(Professionals)(Bernard J. Ebbers)
Author: Lynne Jeter
Publication: Mississippi Business Journal (Magazine/Journal)
Date: January 24, 2005
Publisher: Venture Publications
Volume: 27Issue: 4Page: 28(2)

Distributed by Thomson Gale ... Read more

Product Description
It is imperative that employers correctly identify sexual harassment, know what preventative and remedial actions to take, and what liability is involved if no action is taken. This book details the legal implications of workplace sexual harassment, along with providing the knowledge and skills managers need to cope with this complex subject. ... Read more

Product Description
This digital document is an article from Mississippi Business Journal, published by Venture Publications on June 14, 2004. The length of the article is 1131 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Gaming law is growing legal specialty in the Magnolia State.(Focus)
Author: Lynn Lofton
Publication: Mississippi Business Journal (Magazine/Journal)
Date: June 14, 2004
Publisher: Venture Publications
Volume: 26Issue: 24Page: 34(2)

Distributed by Thomson Gale ... Read more

Product Description
This digital document is an article from Mississippi Business Journal, published by Venture Publications on January 24, 2005. The length of the article is 856 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Continuing legal education helps keep attorneys current.(Law & Accounting)
Author: Becky Gillette
Publication: Mississippi Business Journal (Magazine/Journal)
Date: January 24, 2005
Publisher: Venture Publications
Volume: 27Issue: 4Page: 13(2)

Distributed by Thomson Gale ... Read more

Customer Reviews (9)

Overpriced.
For the price, I would have expected to get a CD with form templates.The paper forms alone are good guidelines, but really not as helpful as I would have expected.

Legal Forms, Contracts & Advice for Horse Owners
The cover says the book comes with a CD that can be used with Microsoft Word.When I received my copy there was a holder for a CD on the inside of the cover but no CD in it.Since I bought the book in order to draft contracts, and I do not like to type, it is useless. I could not even find a telephone number to call to request the CD.

Legal Forms, Contracts, and Advice for Horse Owners
I purchased the book with the intent of being able to easily draft contracts for various types of horse owner activities.I was not pleased with the example contracts. The book is very poorly done.

For example, the partnership agreement was missing words and apparently sentences,and was missing major partnership points. Essentially,I determined that the writer never read the agreement once in print or ever drafted a useable business partnership agreement.

A beginning law student not knowing anything about the horse business could do a better job drafting the example agreements than the person who attempted to write this book.

So where's the software?
I bought this book, which has been very helpful for the start of my new enterprise... but.. the front cover says Software Version... am i missing something??? There was no software with the book.Am I to order it or something?? Other than that.,very useful book..

VERY Disappointing!
I bought this book because I needed to have access to different types of contracts associated with my horse business. In the ads it states that the program works with Win 95 all the way up to Win XP. NOT SO! It ONLY works with Win 95 and Win version 3.1. To make matters even worse, the technical support number listed in the back of the book for problems is NONEXISTANT! Some of the tear out blank contracts are OK, if you have the time to tear them out perfectly then scan them into to your computer. In short, this product does you no good if you have a good computer. Find another source for your equine contracts! ... Read more

Product Description
The recent crises underscore the need for modern, sophisticated systems to govern the resolution of business distress, in order to maximize value in the distressed estate and to protect economic institutions. This work analyses how legal systems around the world respond to the general default of business debtors. Inspired by the approach enshrined in the World Bank's Principles for Effective Insolvency and Creditor Rights Systems, it emphasizes the close inter-relationship among various elements of an insolvency regime, examining them not so much as sets of discrete rules as system-wide attempts to reconcile competing policy goals. It posits that any insolvency law pursues the goals of transparency, predictability, and efficiency, while at the same time seeking to address issues of fairness and social justice. Within this framework, the authors examine the principal international approaches to pre-distress debt collection and security enforcement; liquidation and reorganization of distressed businesses; out-of-court workouts; the institutions entrusted with the conduct of such proceedings, including courts, official administrators, and private trustees; the position of the employees of distressed businesses; and cross-border insolvency. Without being prescriptive, the authors set out the costs and benefits of settling the myriad policy questions in these domains one way or another. This book would be of interest to legal and international policy-makers, academics and advanced students, courts and practitioners dealing with domestic and cross-border insolvency, and anyone seeking to understand or reform insolvency systems. ... Read more

Product Description
The Human Right to Water traces the issue of the right to water through a number of international legal instruments, particularly General Comment No. 15 which recognizes such a right. It analyzes the international legal regime for human rights, and argues that the nexus between development, water and human rights is well established therein. Although the central theme of the Study is General Comment No. 15 issued by the Committee on Economic, Social and Cultural Rights in 2002 which explicitly recognizes a human right to water, the Study argues that the Comment supports the idea that there is an incipient right to water emerging in international law today. This right is buttressed by a large number of soft law instruments, emerging customary international law, as well as an increasing number of domestic law instruments.

The authors are recognized experts in their fields. Salman M. A. Salman is Lead Counsel in the Environmentally and Socially Sustainable Development and International Law Group (ESSD and International Law) of the World Bank Legal Vice Presidency. He is the Bank's focal person on water law, and has published extensively in this field. Siobhan McInerney-Lankford is counselor to ESSD and International Law Group. She specializes in human rights law, and has written widely in this area. ... Read more

Product Description
The Business Guide to Privacy and Data ProtectionLegislation presents a collection of reports from over 16countries. Each report provides an introductory overview of currentdevelopments in the privacy field in each country, followed by adescription of the laws in this area. One of the unique features of this new, second edition is that itcombines within one volume the most authoritative translations of theprivacy and data protection laws in each country. Another feature isits broad coverage. Originally covering seven countries, includingFrance, Sweden, Denmark, Germany, the Guide has been expanded toinclude new reports where data protection laws have been passed morerecently. These include reports on Switzerland, Belgium, Japan,Canada, the United States, The Netherlands, United Kingdom, Denmark,Iceland, Finland, France, Germany, etc. The Guide contains key resource material for those seeking tonavigate their way through the sometimes complex environment ofprivacy protection, especially in the context of transborder dataflows. ... Read more

Product Description
Islamic Legal System (Sharia) Handbook VOL 1 BASIC LAWS AND REGULATIONS ... Read more

Product Description
The 'Banana dispute' represents one of the central cases in international trade. It has led to several precedents on the international (WTO), EC and national level. It thus constitutes the mandatory starting point for any in-depth study of the WTO system and transatlantic trade relations. Moreover, this dispute casts new light on classic issues of European law, especially the relationship of EC, national law and state liability. This treatise is the most comprehensive and easily accessible one published up to now. The study is supplemented by an economic analysis of the welfare effects of the EC banana import regime for the EC domestic market, and interdisciplinary conclusions for future amendments of the WTO enforcement system. This book will be of equal interest to practitioners, academics and students of international economic relations. ... Read more