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Handbook on the Law of Cultural Heritage and International Trade
Robert K. Paterson and James A.R. Nafziger
This Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural Heritage Law of the International Law Association.
Following a comprehensive introduction to cultural heritage law, the book turns to the core topic of international trade. The General Agreement on Tariffs and Trade and a 1970 UNESCO convention on illegal trafficking in cultural material formed the foundation for progressive development of an impressive and still-evolving legal framework. Building on these and other instruments, the essays focus on import and export controls within specific national legal regimes. Concluding chapters contextualize additional important issues – including human rights, pluralism and nationalism – from a broader, global perspective. Innovative in its combination of comparative and international dimensions of the subject, this book provides a ready, well-documented reference to national and international regimes of control and a scholarly source for teaching and further research.
Students, professors and practitioners of trade law, cultural heritage law and general international law will find this Handbook an invaluable resource.[From Handbook on the Law of Cultural Heritage and International Trade]
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Assessing Treaty Performance in China: Trade and Human Rights
Pitman B. Potter
Closer and more frequent contact among states brought about by globalization has led to an increase in trade and human rights disputes that can challenge economic relations and cloud political relationships. Preventing and managing these disputes requires a better understanding of the cross-cultural dimensions of treaty performance on trade and human rights, especially for increasingly important actors in the international system such as China.
Assessing Treaty Performance in China outlines a new approach for understanding China's treaty performance around international standards on trade and human rights, using the paradigms of selective adaptation and institutional capacity. Selective adaptation reveals how local interpretation and implementation of international treaty standards are affected by normative perspectives derived from perception, complementarity, and legitimacy. Institutional capacity explains how operational dimensions of legal performance are affected by structural and relational dynamics of institutional purpose, location, orientation, and cohesion.
The book focuses on legal performance rather than technical compliance to provide a more comprehensive perspective on China’s interaction with international treaty standards. It also offers policy suggestions for more effective engagement with China on trade and human rights issues.
This will be useful for scholars, policy makers, and private sector actors engaged with China.
[UBC Press | Assessing Treaty Performance in China - Trade and Human Rights, By Pitman B. Potter]
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Challenging Borders in Business Law: The Scholarship of Claire Moore Dickerson
Janis P. Sarra
This collection of the scholarship of Claire Moore Dickerson reflects the breadth and depth of her research in the United States and Africa, principally Cameroon, Ivory Coast and Senegal. The text contains introductions to the articles by eight leading corporate law scholars, who offer insights regarding the profoundly important contributions of professor Dickerson to law and public policy.
[From Challenging Boarders In Business law-The Scholarship of Claire Moore DIckerson: Dr. Janis Sarra, Janis Sarra: 9780888651525: Books - Amazon.ca]
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The 2013 Annotated Bankruptcy and Insolvency Act
Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra
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China's Legal System
Pitman B. Potter
The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.
[From The Chinese Legal System: Globalization and Local Legal Culture - 1st]
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Advancing Canada's Engagement with Asia on Human Rights: Integrating Trade and Human Rights
Pitman B. Potter, Joseph K. Ingram, Robert G. Wright, Douglas Horswill, Sharon K. Hom, and National Conversation on Asia Task Force
The National Conversation on Asia is a broad and inclusive initiative by the Asia Pacific Foundation of Canada to get Canadians thinking and talking about what Asia means to Canada. It is supported by Asia-engaged individuals, companies and organizations across Canada.
NCA Task Forces examine and formulate policy recommendations on strategic issues in the Canada-Asia relationship. Broad consultations with government, community and industry leaders, experts and stakeholders are an integral part of each Task Force’s activity.
This report is the third in a series of NCA Task Force reports. The first taskforce report, Securing Canada’s Energy Future, was released in June 2012. All reports are available at www.asiapacific.ca.
For more information, see www.nationalconversationonasia.ca.
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Rescue!: The Companies' Creditors Arrangement Act, 2nd ed.
Janis P. Sarra
The going-forward solution to a firm's financial distress depends on the reasons for insolvency, the firm's capital structure, viability of its business plan, effectiveness of its directors and officers, and the availability of capital to refinance or purchase the business.
Rescue! The Companies Creditors Arrangement Act, Second Edition is an indispensable guide to navigating the complexities of Canadian insolvency restructuring law. This book offers a comprehensive analysis of current and expected developments in this important area of law and practice and helps the reader gain an edge with insight into the latest decisions and developments shaping the Companies Creditors Arrangement Act (CCAA).
With this book, you can
Rely on the expertise of a leading insolvency authority
Janis Sarra is an insolvency authority, a leading law professor, and Editor-in-Chief of the Annual Review of Insolvency Law. In this convenient resource, she identifies and meticulously analyzes the most recent and most significant decisions to shape the CCAA to give an expert understanding of the issues that will affect your next proceeding.Reduce research time
The author zeroes in on all cases relevant to the CCAA and sheds fresh light on their impact. You'll anticipate new issues that could arise at every stage of the proceeding, and learn how to navigate them effectively.Avoid commonly overlooked issues
When the case law so dominates the legislation, it can be challenging to ensure you've done absolutely everything to your client's advantage. This resource takes you through every step of proceedings under the CCAA, highlights the cases that impact each step, offers practical advice, and gives you valuable practice tools, such as model orders and a sample plan of arrangement.[From Rescue! The Companies Creditors Arrangement Act, Second Edition | Thomson Reuters]
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Gender Equality Rights and Trade Regimes: Coordinating Compliance
Pitman B. Potter, Heather Gibb, and Erika Cedillo
Taken together, the symposium papers and presentations illustrate the rich diversity of perspectives and issues emerging from the discourse of Coordinated Compliance with regard to specific issues on gender equality and trade, revealing a fundamental concern over human well-being along with an abiding commitment to scholarly rigor.
[From Gender Equality Rights and Trade Regimes: Coordinating Compliance by Pitman Potter :: SSRN]
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Report on Proposals for Unfair Contracts Relief
Joost Blom, Margaret Easton, Russell Getz, Do‐Ellen Hansen, Allan Parker, Lisa Peters, Peter Rubin, Tony Wilson, Kevin Zakreski, and Unfai r Contract s Relie f Project Committee
The basic purpose of the law of contracts is to ensure that promises made for consideration are enforced. Achieving this basic purpose offends the conscience of society in some cases. The courts have a longstanding jurisdiction to refuse to enforce contracts that are determined to be unfair.
This report recommends reforms to the leading concepts used by contract law to tackle the problem of unfairness. These concepts are unconscionability, duress, undue influence, good faith, and misrepresentation. Over the past years, they have been considered in an increasing number of court decisions. This has led to an expansion of, and a degree of confusion about, their scope. It is now timely to rationalize and consolidate these concepts.
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Is Your Defined-Benefit Pension Guaranteed?: Funding Rules, Insolvency Law and Pension Insurance
Ronald B. Davis
This study analyzes the security of pension benefits in the case of a plan sponsor’s insolvency. Current pension regulation does not provide complete security to defined-benefit plan members, since it allows underfunding to occur. Indeed, argues author Ronald Davis, regulations often encourage practices that lead to questionable risk-taking in pension asset investment, and obscure some of the risks being carried on plan balance sheets.
In recent high-profile cases, large sponsors became insolvent, and pension fund assets were insufficient to pay the benefits earned by workers and retirees. In response, bills were introduced to give higher priority of payment for claims against the sponsor by pension plan members. Davis finds a legal rationale for providing higher priority for unremitted employer contributions but not for the remaining part of an asset shortfall (as a result of depressed asset values or of differences between projected and realized inflation or interest rates, for example). Consequently, he finds insolvency law as a means to improve the security of pension benefits has only limited potential.
Another policy option that is widely discussed is a national pension benefit guarantee scheme to insure benefits against a shortfall in pension assets in the event of the plan sponsor’s insolvency. If carefully designed, Davis believes such a scheme could mitigate the limitations of current plan funding regulations and the poor communication of these limitations to plan members. However, in addition to facing the same problems as any insurance plan, a benefit guarantee scheme would involve extensive federal-provincial negotiations. This is because the regulatory tools to control these insurance problems are under provincial jurisdiction, while presumably the fiscal risk of a national scheme would rest on the federal government.
Regardless of whether governments wish to introduce a national pension benefit guarantee scheme, Davis recommends first reforming the funding and governance of pensions to make explicit some risks and conflicts within pension plans that current regulations hide from stakeholders’ view. These reforms would have to promote target-benefit plans in order to clarify the “pension deal” for plan members; support joint sponsor and member governance of pension plans; and enable small pension plans to use larger plans’ expertise and cost structure. He also suggests holding a royal commission on employer-based pensions to foster public discussion of these plans’ structure and value among regulators, sponsors, members and retirees.
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The 2012 Annotated Bankruptcy and Insolvency Act
Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra
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Law, Policy, and Practice on China's Periphery: Selective Adaptation and Institutional Capacity
Pitman B. Potter
This book examines the Chinese government’s policies and practices for relations with the Inner Periphery areas of Tibet, Xinjiang, and Inner Mongolia, and the Outer Periphery areas of Hong Kong and Taiwan focusing on themes of political authority, socio-cultural relations, and economic development. China’s history may be seen as one of managing the geographic periphery surrounding China proper. Successive imperial, republican, and communist governments have struggled to maintain sovereignty over the regions surrounding the great river valleys of China.
The importance of the periphery is no less real today, concerns over national security, access to natural resources, and long-held concerns about relations between Han and other ethnic groups continue to dominate Chinese law, policy and practice regarding governance in the Inner Periphery regions of Inner Mongolia, Xinjiang, and Tibet. In the Outer Periphery, Beijing sees engagement with the outside world (particularly the West) as inextricably tied to Chinese sovereignty over former foreign colonies of Hong Kong and Taiwan.
Using the case study of national integration to indicate how policies are articulated and implemented through law and political-legal institutions, this book will be of interest to students and scholars of the peripheral regions. It will also appeal to academic and policy communities interested in legal reform in China
[Law, Policy, and Practice on China's Periphery: Selective Adaptation a]
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Globalization and Local Adaptation in International Trade Law
Pitman B. Potter and Ljiljana Biuković
The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies uniformly adopting international standards, or are they adapting them to local norms and cultural values?
This volume presents a new conceptual approach – the paradigm of selective adaptation – to explore and explain the reception of international trade law in the Pacific Rim. It brings together scholars from Australia, Canada, China, and Japan who reveal how the World Trade Organization’s standards are being interpreted – and in some cases disputed – in selected countries. Building on a conceptual discussion of the normative and institutional contexts for international trade law, the authors draw on examples from China,Japan, Thailand, and North America to show that formal acceptance of international trade standards through accession to the World Trade Organization and the General Agreement on Tariffs and Trade does not necessarily lead to uniform enforcement and acceptance at the local level.
Globalization and Local Adaptation in International Trade Law provides compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade rules.
This book will be of interest to students and scholars who want a better understanding of the development and enforcement of international trade law and anyone interested in the comparative study of legal systems.
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Securities Law in Canada: Cases and Commentary, 2nd ed.
Mary Condon, Anita Anand, and Janis P. Sarra
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Cultural Law: International, Comparative and Indigenous
James A.R. Nafziger, Robert K. Paterson, and Alison Dundes Renteln
Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.
- The first comprehensive coursebook on cultural law
- Extensive coverage of cultural heritage and museum-related issues (five chapters)
- Multiple uses in the classroom (primary) and for professional reference
[From Cultural law international comparative and indigenous | Comparative law | Cambridge University Press]
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Private International Law in Common Law Canada: Cases, Text and Materials, 3rd ed.
Nicholas Rafferty, Joost Blom, Elizabeth Edinger, Stephen G.A. Pitel, Geneviève Saumier, Janet Walker, and Catherine Walsh
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Director and Officer Liability in Corporate Insolvency: A Comprehensive Guide to Rights and Obligations, 2nd ed.
Janis P. Sarra and Ronald B. Davis
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Bankruptcy and Insolvency Law of Canada, 4th ed.
Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra
Bankruptcy and Insolvency Law of Canada, Fourth Edition is a comprehensive four-volume looseleaf supplemented book that provides detailed annotation of the entire Bankruptcy and Insolvency Act and Rules. This long-standing work is recognized as one of the major sources for serious research in bankruptcy law in Canada.
Find detailed and updated annotation and commentary on:
- Bankruptcy and Insolvency Act and Rules
- Companies' Creditors Arrangement Act
- Farm Debt Mediation Act
- Wage Earner Protection Program Act
The section-by-section and rule-by-rule case annotations and commentary provide an exhaustive and detailed resource tool for insolvency lawyers, trustees, receivers, and liquidators. The collection of policy documents, model orders, forms, and precedents provide additional practice guides to make it the most complete resource for the professional. This revised edition includes a completely new, easier-to-use table of contents and index along with an update to the commentary annotating the Companies’ Creditors Arrangement Act – Part I (Compromises and Arrangements).
[From Bankruptcy and Insolvency Law of Canada, 4th Edition | Thomson Reuters]
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The 2010 Annotated Bankruptcy and Insolvency Act
Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra
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