Antitrust Law and Economics
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作 者：(美)E.吉尔霍恩(Emset Gellhorm)，(美)W.E.科瓦西克(William E.Koracic)著;王晓晔注
分类号：
ISBN：9787300036458
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简介
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由美国罗伯特·汉米尔顿所著的《公司法》一书是美国许多大学法学院学生学习公司法的必备入门教科书。该书自1980年由美国西方出版公司第一版出版发行以来，又先后于1987年、1991年和1996年三次再版发行。今年，这本书由中国人民大学出版社在国内出版发行，这对我国法律院系和工商管理学院的教授、学生、律师和公司经营管理者来说都是一件可喜之事。受出版社之邀，笔者作为公司法的研究人员为此书提供译注，也深感荣幸。
本书的最大特点之一是，详略得当，简明扼要，实用性强。公司法是一个博大精深的法律部门法。在美国
目录
The Council for Mutual Economic Assistance(CMEA or COMECON)
Contract Provisions About Dispute Forum and Governing Law
International Recognition of Patents
KnowHow
Trademark Protection
International Recognition of Trademarks
Copyright Protection
International Recognition of Copyrights
Franchising in the United States
International Franchising
International Patent and KnowHow Licensing
Protection From Piracy
The Forum Selection Clause
Gray Market Goods
Trans-Border Data Flows
Special 301 Procedures
Chapter Six. International Business transactions in Market Economy Nations
Developed or Developing/Market or Nonmarket: Classifying Nations
Commercial Transactions and Transfers of Technology
Sales Agent and Distributorship Agreements in Developing Nations
The Use of Transfer of Technology and Foreign Investment Laws as Part of the Process of Development
Transfer of Technology Laws of Developing Nations
Chapter Seven. International Business Transactions in Nonmarket and Transition Economy Nations
The Choice of Law Clause
Defining Nonmarket and Transition Economy Nations
Nonmarket Economy Nations in Transition
Exporting Goods to a Nonmarket Economy Nation-FTOs and STOs
Currency Issues in Trading With Nonmarket Economy Nations
Letters of Credit and Nonmarket Economy Nations
Export Controls Affecting Sale of Goods to Nonmarket Economies
Countertrade
Importing Goods From Nonmarket Economies
Chapter Seven. International Business Transactions in Nonmarket and Transition Economy Nations-Continued
Mandatory Provisions and an Intersection Between Forum Selection and Choice of Law Clauses
Dispute Settlement by Arbitration
Enforcement of Arbitral Awards: The 1958 Convention
Arbitration Rules and Local Law: The Swedish Chamber of Commerce
Elements of an Agreement to Arbitrate
International Arbitral Rules: UNCITRAL,ICSID and Others
Chapter Nine. Immunity of States in commercial Transactions
The Transfer of Technology and Direct Foreign Investment
History and Rationale
The 1976 Foreign Sovereign Immunities Act
Who Is a Sovereign?
Jurisdictional Issues
Service of Process
Exceptions to Sovereign Immunity: Waiver
Exceptions to Sovereign Immunity: Commercial Activity
Exceptions to Sovereign Immunity: Violations of International Law
Other Exceptions
Sovereign Immunity and Counterclaims
The Nonmarket Economy Nation as a Developing Nation
Execution of a Judgment
Chapter Ten. The Act of State Doctrine in Commercial Transactions
History of the Act of State Doctrine
Act of State and the Expropriation of Property
Act of State Encounters Some Limits
Act of State Doctrine and the Separation of Powers
The Act of State Doctrine and Some Exceptions
Exceptions to the Act of State Doctrine: Waivers
Exceptions to the Act of State Doctrine:Commercial Activity
Conclusion
The Process of Transition From NME Status
INDEX
目录
PREFACE TO THE FIFTH EDITION
TABLE OF CASES
Introduction.From Brockton and Bur-bank to Bangkok and Beijing
Chapter One. Negotiating International Business Transactions
Negotiating by Contest
Building a Rolling Consensus Toward Agreement
Negotiating Teams
Role Playing
Chapter Eight. Dispute Settlement: Litigation and Arbitration
Timing
Importance of Procedure
Importance of Culture
The Language of Negotiations
Language in the Agreement
Planning for Renegotiation
Chapter Tow. International Trading of Goods
International Sales Law
A Short History of the Drafting of CISG
The Sphere of Application of CISG
International Court of Justice
Choice of Law Clauses
Chapter Tow. International Trading of Goods-Continued
Other Scope Issues
General Provisions of CISG
Contract Formation
Seller's Obligations
Remedies for Seller's Breach
Buyer's Obligations
Risk of Loss
Remedies for Buyer's Breach
Treaties and Dispute Settlement
Commercial Terms
The "Payment Against Documents"Transaction
Bills of Lading
Misdelivery
Misdescription
The Forged Bill of Lading
Electronic Bills of Lading
Chapter Three. Financing the International Trading of Goods
The International Documentary Sale and Documentary Letter of Credit
The Problem
Dispute Settlement in National Courts
The Documentary Sale Transaction
The Governing Rules
Electronic Letters of Credit
Standby Letters of Credit
The Fraud Defense
Other Letters of Credit: Back to Back and Revolving Credits
Chapter Four. Money and International Business Transactions
The International Monetary System and the IMF
Regional and Other Development Banks
National Monetary Systems
Recognition and Enforcement of Foreign Judgments
Export Financing Programs
Offshore Banking(and Tax Havens)
International Movement of Money
Foreign Exchange and Exchange Controls
Exchange Risk
International Deposits and Loans:Eurodollars
Financial Practices of Multinational Enterprises:Transfer Pricing
Chapter Five. Technology Transfers
The Uruguay Round TRIPs Agreement
Patent Protection
]"
Contract Provisions About Dispute Forum and Governing Law
International Recognition of Patents
KnowHow
Trademark Protection
International Recognition of Trademarks
Copyright Protection
International Recognition of Copyrights
Franchising in the United States
International Franchising
International Patent and KnowHow Licensing
Protection From Piracy
The Forum Selection Clause
Gray Market Goods
Trans-Border Data Flows
Special 301 Procedures
Chapter Six. International Business transactions in Market Economy Nations
Developed or Developing/Market or Nonmarket: Classifying Nations
Commercial Transactions and Transfers of Technology
Sales Agent and Distributorship Agreements in Developing Nations
The Use of Transfer of Technology and Foreign Investment Laws as Part of the Process of Development
Transfer of Technology Laws of Developing Nations
Chapter Seven. International Business Transactions in Nonmarket and Transition Economy Nations
The Choice of Law Clause
Defining Nonmarket and Transition Economy Nations
Nonmarket Economy Nations in Transition
Exporting Goods to a Nonmarket Economy Nation-FTOs and STOs
Currency Issues in Trading With Nonmarket Economy Nations
Letters of Credit and Nonmarket Economy Nations
Export Controls Affecting Sale of Goods to Nonmarket Economies
Countertrade
Importing Goods From Nonmarket Economies
Chapter Seven. International Business Transactions in Nonmarket and Transition Economy Nations-Continued
Mandatory Provisions and an Intersection Between Forum Selection and Choice of Law Clauses
Dispute Settlement by Arbitration
Enforcement of Arbitral Awards: The 1958 Convention
Arbitration Rules and Local Law: The Swedish Chamber of Commerce
Elements of an Agreement to Arbitrate
International Arbitral Rules: UNCITRAL,ICSID and Others
Chapter Nine. Immunity of States in commercial Transactions
The Transfer of Technology and Direct Foreign Investment
History and Rationale
The 1976 Foreign Sovereign Immunities Act
Who Is a Sovereign?
Jurisdictional Issues
Service of Process
Exceptions to Sovereign Immunity: Waiver
Exceptions to Sovereign Immunity: Commercial Activity
Exceptions to Sovereign Immunity: Violations of International Law
Other Exceptions
Sovereign Immunity and Counterclaims
The Nonmarket Economy Nation as a Developing Nation
Execution of a Judgment
Chapter Ten. The Act of State Doctrine in Commercial Transactions
History of the Act of State Doctrine
Act of State and the Expropriation of Property
Act of State Encounters Some Limits
Act of State Doctrine and the Separation of Powers
The Act of State Doctrine and Some Exceptions
Exceptions to the Act of State Doctrine: Waivers
Exceptions to the Act of State Doctrine:Commercial Activity
Conclusion
The Process of Transition From NME Status
INDEX
目录
PREFACE TO THE FIFTH EDITION
TABLE OF CASES
Introduction.From Brockton and Bur-bank to Bangkok and Beijing
Chapter One. Negotiating International Business Transactions
Negotiating by Contest
Building a Rolling Consensus Toward Agreement
Negotiating Teams
Role Playing
Chapter Eight. Dispute Settlement: Litigation and Arbitration
Timing
Importance of Procedure
Importance of Culture
The Language of Negotiations
Language in the Agreement
Planning for Renegotiation
Chapter Tow. International Trading of Goods
International Sales Law
A Short History of the Drafting of CISG
The Sphere of Application of CISG
International Court of Justice
Choice of Law Clauses
Chapter Tow. International Trading of Goods-Continued
Other Scope Issues
General Provisions of CISG
Contract Formation
Seller's Obligations
Remedies for Seller's Breach
Buyer's Obligations
Risk of Loss
Remedies for Buyer's Breach
Treaties and Dispute Settlement
Commercial Terms
The "Payment Against Documents"Transaction
Bills of Lading
Misdelivery
Misdescription
The Forged Bill of Lading
Electronic Bills of Lading
Chapter Three. Financing the International Trading of Goods
The International Documentary Sale and Documentary Letter of Credit
The Problem
Dispute Settlement in National Courts
The Documentary Sale Transaction
The Governing Rules
Electronic Letters of Credit
Standby Letters of Credit
The Fraud Defense
Other Letters of Credit: Back to Back and Revolving Credits
Chapter Four. Money and International Business Transactions
The International Monetary System and the IMF
Regional and Other Development Banks
National Monetary Systems
Recognition and Enforcement of Foreign Judgments
Export Financing Programs
Offshore Banking(and Tax Havens)
International Movement of Money
Foreign Exchange and Exchange Controls
Exchange Risk
International Deposits and Loans:Eurodollars
Financial Practices of Multinational Enterprises:Transfer Pricing
Chapter Five. Technology Transfers
The Uruguay Round TRIPs Agreement
Patent Protection
]"
Antitrust Law and Economics
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