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A Research Agenda for the Gig Economy and Society (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Providing a comprehensive, interdisciplinary overview of the gig economy from both a labour and employment perspective, this Research Agenda goes beyond the question of the employment status of platform workers. It investigates how the gig economy is changing the way people work, how the platforms’ business models are spreading in our economies, and what labour and social institutions are needed to respond to the challenges that platform work raises.Covering key issues such as algorithmic management, discrimination, occupational health and safety, casual work and collective labour rights, the authors challenge the narrative that the gig economy is a set of work arrangements that cannot be regulated through existing labour legislation and governance forms. The impact of the gig economy in developing countries and the regulation of global supply changes in platform work are also addressed.With contributions from world-leading authors, this Research Agenda will be crucial reading for scholars of labour and employment law, sociologists, economists and industrial relations specialists.
A Research Agenda for Tax Law (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This Research Agenda considers the future direction of research in tax law, channeling creative thinking from leading tax scholars around the world who explore potential routes for further development in both traditional and more unconventional areas of tax law.Showcasing visionary and provocative thoughts from leading international tax scholars, each chapter follows a clear methodological structure, setting each specific topic in context before identifying research gaps indicating potential avenues for future research. These developments are discussed in relation to tax law’s interaction with a myriad of cutting-edge topics such as environmental challenges, new technologies, racial and immigration issues. The expert authors astutely draw out the social implications of tax law in order to present a case for developing a more global and interconnected approach to contemporary research ventures.A Research Agenda for Tax Law will provide guidance and inspiration for future researchers, doctoral students and scholars in the field of tax law and fiscal policy who wish to dive into some deeper, and perhaps unknown, waters of taxation.
A Research Agenda for Studies of Corruption (Elgar Research Agendas)
by Alina Mungiu-Pippidi Paul M. HeywoodElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Linked to declining levels of trust in core state actors and bodies, corruption has emerged as a key challenge to effective and legitimate governance, posing a growing threat to political stability. This comprehensive work addresses the most pressing debates in the field, covering the evolution of different concepts and approaches to analysing corruption, how it manifests in practice across key areas, and the prospects of different ways to tackle it. This interdisciplinary Research Agenda contains state-of-the-art surveys of the field of corruption and points towards an agenda for future research. Chapters explore top political and grassroots corruption, buying and stealing votes, corruption in relation to gender and the media, digital anti-corruption and an examination of whistleblowing and market-based tools. The book also offers the most advanced research in the measurement of corruption. Providing a detailed overview of the key questions and research areas in corruption studies, this Research Agenda will be a vital resource for scholars and students of corruption, governance and public administration. International anti-corruption NGOs and agencies will also benefit from the up-to-date survey of the core challenges they are seeking to address.
A Research Agenda for Space Policy (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the opportunity to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Space policy is now a top priority in international relations. This timely Research Agenda takes the definition of space policy itself as an object of analysis rather than as an unquestioned premise. It presents the multi-faceted spectrum of elements combined within space policy which are crucially relevant to security, welfare and modern society.Chapters demonstrate why space matters and how space policy research has reflected this during the past half-century. Expert international contributors set out a forward-looking research agenda for the 2020s, identifying key problems and conflicts related to the topic and exploring policy, regulatory approaches and diplomatic mechanisms to reach possible solutions. The types of actors and institutions playing a key role in space policy are also examined through an interdisciplinary lens. Scholars and students of political science, international relations and law will find this to be a sophisticated, cutting-edge resource for analysing and understanding the multi-dimensional impacts of space policy.
A Research Agenda for Social Entrepreneurship (Elgar Research Agendas)
by Anne De Bruin Simon TeasdaleElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. In the last two decades social entrepreneurship has grown in energy and impact as entrepreneurial spirit has increasingly turned to finding solutions for social, cultural and environmental issues. As social entrepreneurship has grown in popularity, so too has its academic study. A Research Agenda for Social Entrepreneurship brings together contributions from developing paths in the field to signpost the directions ahead for the study of social entrepreneurship. Moving beyond mainstream approaches to entrepreneurship, this innovative and insightful book offers a unique view into the contemporary state of social entrepreneurship research. Impressive and diverse, this book explores not only established research, but also draws out implications for social entrepreneurship from legal scholarship, gender studies and indigenous research, as well as investigating regional contexts. Moreover, the contributors take inspiration from emerging societal trends, such as the circular economy and the turn of entrepreneurship to ecology and the environment. Featuring diverse insights from different disciplinary and geographical perspectives, this book is invaluable to students of social entrepreneurship at all levels who are in need of a broad and cutting-edge overview of the topics. Researchers seeking original research topics and questions will benefit from this book’s insight into the future of the subject. The accessible style will also serve social entrepreneurs themselves, offering a fascinating exploration of the many pathways for social entrepreneurship.
A Research Agenda for Organizational Law (Elgar Research Agendas)
by Shawn BayernElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Taking stock of the quiet revolution that has taken place in the field of organizational law over the last few decades, this erudite Research Agenda presents a critical overview of the current state of organizational law and explores the increasingly flexible structures and capabilities of modern organizations. Explaining and evaluating new possibilities in modern organizational law, the book demonstrates that legal organizations are much more generative than widely recognized, with the capacity to enable new configurations that combine several legal transactional techniques. Chapters consider the implications of this flexibility for monitoring, regulation, and reform, examine the effects of modern transactional creativity on the rest of the legal system, suggest how organizational statutes might be harmonized, introduce non-traditional uses of modern organizations like LLCs, and propose novel ways to regulate organizations. The book ultimately highlights that the formlessness and adaptability of modern legal organizations is the foundation for a significant body of future research on the evolving role of legal entities. This path-breaking Research Agenda will prove invaluable to academics and students of company law, partnership law, and agency law, as well as transactional lawyers and analysts of organizations in other fields. Its extensive critical analysis will benefit all those who use, study, and regulate modern legal organizations.
A Research Agenda for Organizational Ethics (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Drawing on the philosophy of existentialism, this thought-provoking Research Agenda questions and encourages deeper ethical thinking about organizational practices during this time of existential crisis. Rather than relying on prescriptive normative ethical theories, it advocates for ethical concerns to be addressed through intersubjective encounters.Chapters engage with diverse philosophical perspectives and illuminate their key ideas through literature, visual arts, and music, bringing forth situated truths that will resonate with and incite the reader to think and act critically to avoid perpetuating dehumanization, precarity, and mindlessness. The Research Agenda will ultimately inspire leaders and scholars to expand, rethink, practice, sustain, and transform organizations towards a future of flourishing for all stakeholders.Integrating qualitative hermeneutics with existential philosophy, this discerning Research Agenda will offer students and scholars of organization studies, business ethics and leadership a unique perspective on organizational ethics.
A Research Agenda for Organised Crime (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This insightful Research Agenda explores the varied manifestations of organised crime, both on the street and through transnational enterprises, and reveals its impact on the integrity of the financial system. Leading academics identify measures which would disrupt and discourage these threats, however sophisticated, and consider avenues for future research. Taking an interdisciplinary approach to the multi-faceted dangers posed by organised crime, the book begins with an overview of the misconceptions surrounding the topic, evaluating the limitations of the traditional justice system in addressing corruption and conspiracy. Progressive chapters illustrate a practical knowledge of addressing such threats, identifying new directions for the study of concepts such as organised crime and power, as well as tackling the ways in which enterprises use money laundering to clean their proceeds. They also point to ways in which the law will need to develop to address the opportunities for cyber-enabled crime facilitated by recent technological developments. An engaging platform for future scholarship, this topical Research Agenda will prove a thought-provoking read for academics and policymakers in the areas of criminal justice law, criminology, corruption, and economic crime.
A Research Agenda for Organisational Continuity and Change (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Research has overlooked the need for modern organisations to enact continuity during periods of change. This Research Agenda addresses this by considering continuity and change as engaging in various forms of mutual interplay. The underlying theme of this book is that change needs continuity just as continuity needs change.In this Research Agenda, internationally renowned contributors offer insights through a wide range of case studies and chart a path for future research. Readers will discover how the continuity-change interplay unfolds in a variety of organisational types and industries. Key examples show the importance of understanding continuity as an integrative part of organisational change at various levels of organisation.A Research Agenda for Organisational Continuity and Change will be useful for scholars and students of organisation and management, including teachers involved in executive education.
A Research Agenda for International Energy Law (Elgar Research Agendas)
by Kim TalusElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.A Research Agenda for International Energy Law offers a novel exploration into the future direction of research in international energy law, highlighting contemporary themes such as competition for investments, and fair and equitable access to energy. Utilising international and comparative law methodologies, leading experts examine the profound and urgent changes occurring in the energy sector, many of which are driven by the transition to more sustainable energy production, transport and end-use. Chapters provide discussions on the relationship between energy activities and international law, how the law adjusts to technological innovations, and the issues raised by the energy transition internationally. The book provides a holistic picture of current and future challenges in international energy law and areas for further research. This thought-provoking Research Agenda will be an essential resource for students and scholars in energy law and policy, trade law, environmental law and public international law more widely. The practical applications of the book will also be beneficial for policy-makers, practitioners and think-tanks.
A Research Agenda for Human Rights and the Environment (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. Forward-looking and innovative, Elgar Research Agendas are an essential resource for PhD students, scholars and anybody who wants to be at the forefront of research.This important book creatively explores and uncovers new ways of understanding the intersections between human rights and the environment, as well as introducing readers to the ways in which we can use new methodologies, case studies and approaches in human rights to address environmental issues.Interdisciplinary in nature, this Research Agenda recognises and engages with the short-comings and problematic framings of traditional approaches to human rights and environmental law. Keeping these limits and failings unflinchingly in view, it identifies potential opportunities to maximise the law’s effectiveness, providing readers with a thought-provoking agenda for future research. Contributions also call for resistant, transformative and inclusive research and practice in the area of human rights and the environment, using human rights law to center the knowledge, practices, laws and priorities of marginalised groups in addressing environmental injustice.This dynamic Research Agenda will be an essential tool for PhD students and scholars in international law, environmental law and human rights, as well as providing a springboard for geographers and anthropologists to further their knowledge of the evolving interface between human rights and the environment.
A Research Agenda for Human Rights (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity. Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women’s rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality. This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.
A Research Agenda for Global Crime (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. It is becoming more important in the modern, globalized period to understand the power of illicit and illegal acts and actors in shaping our world. Opening with chapters that look across the diverse terrain of global crime, this Research Agenda moves on to consider key specific areas, including: organised crime, cyber crime, war crimes, terrorism, state and private violence, riots and political protest, prisons, sport and crime and counterfeit goods. Offering both critical reviews of key theories and in-depth case studies, this Research Agenda challenges the notion that criminal acts in a global age are solely the preserve of organised criminal groups, highlighting the role of other actors including governments, armies and corporations. A vital source of reference for criminology and sociology undergraduate, and post-graduate students, as well as those from a host of other social science disciplines, this Research Agenda will provoke thought and discussion across these topics. It will also be of great benefit for policy makers and practitioners working to better understand and combat transnational crime.
A Research Agenda for Financial Crime (Elgar Research Agendas)
In this timely Research Agenda, Barry Rider has assembled a cast of internationally renowned experts to identify the most pressing questions and issues around financial crime, helping to inform our understanding of how best to protect our economies and financial institutions.The book begins by considering what is meant by the term financial crime, addressing how and to whom it causes harm, the ways in which we might evaluate its incidence and impact, and the increasing relevance of measures designed to disrupt economically motivated criminals. Chapters explore the various factors that have led to the rise of financial crime in recent decades, from advances in technology to the practical issues in effective prevention and interdiction. Bringing together an array of perspectives from experts in law, criminology, and regulation and compliance, the book ultimately advances multiple agendas for future research to enhance our understanding of financial crime and better promote its prevention, containment, and management.This incisive Research Agenda will be an invaluable resource for scholars of law, criminology, management studies, and compliance and risk. Its practical insights will also benefit criminal and regulatory lawyers, as well as legislators and researchers involved in the protection of their economies and financial institutions against financial crime.
A Research Agenda for Economic Crime and Development (Elgar Research Agendas)
This contemporary Research Agenda examines the threats to stability and sustainability presented by economically motivated crime and misconduct. Featuring contributions from distinguished experts in the field of criminal law and justice, this book proposes avenues for future research into the legal frameworks designed to prevent and manage economic crime and corruption. Barry Rider begins by considering the importance of discouraging economically relevant criminals from undermining the efficacy and stability of global economies. Chapters analyse a myriad of topics, including the economic crime-related repercussions of the Covid-19 pandemic, the development of small state financial centres, and the key measures adopted by the Financial Action Task Force (FATF) to combat corruption. The book concludes by examining comparative perspectives in fighting organised crime, featuring case studies involving human trafficking and issues of compliance. A Research Agenda for Economic Crime and Development will be an essential resource for scholars and academics studying criminal law and justice, economic crime and corruption, and law and development. It will also be beneficial to criminal and regulatory lawyers, policymakers, and researchers interested in the prevention of economic crime.
A Research Agenda for Corporations (Elgar Research Agendas)
by Christopher MayElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This exciting Research Agenda offers a multi-disciplinary and historically informed programme for the further investigation of the global political economy of the corporate sector. It tackles the question, can and should the corporation be reformed? Christopher May develops a range of intersecting areas for research while also offering an account of the possibilities for the reform of the global corporation. Based on an understanding of the history of corporations, the author provides key insights into their management and political agency as well as the operation of the global corporate supply chain. Drawing links between a range of disciplines and perspectives on business enterprises, May calls for a more nuanced understanding of the global corporate sector in order to better comprehend the contours of the contemporary global capitalist system. This Research Agenda will be a valuable resource for students and academics of politics, economics, sociology and law, who are curious to explore the corporation in relation to their area of study.
A Research Agenda for Corporate Law (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.This timely Research Agenda explores key dynamics and cutting-edge developments within corporate law. Bringing together a diverse range of scholars hailing from different jurisdictions, ideological perspectives, and methodological backgrounds, it provides a roadmap for future research in the field.Through the investigation of different doctrinal and normative issues, leading scholars consider how evolving conceptual foundations, capital markets, social and cultural contexts, and technologies may impact corporate law and governance research. Ground-breaking contributions examine the increasingly global nature of corporate production and investment markets and the influence this has on the wider dynamics in the fields, suggesting new directions for navigating this complex and fascinating terrain.Students and scholars of corporate law, corporate governance, and law and business will value the innovative ideas unpacked in this state-of-the-art Research Agenda. Its forward looking and practical insights will also benefit practitioners and policymakers in corporate law, corporate governance, sustainability, and business law. and economics.
A Research Agenda for Animal Geographies (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Exploring the innovative and thriving field of animal geographies, this Research Agenda analyses how humans think about, place, and engage with animals. Chapters explore how animals shape human identities and social dynamics, as well as how broader processes influence the circumstances and experiences of animals.This Research Agenda presents recent forays into theories of power, methodological innovations unearthing animal lifeworlds, and commitments to praxis. It demonstrates opportunities for animal geographies to engage creatively with diverse movements, including industrial farm workers' rights, intersectional feminism, the environmental movement, racial equality, and decolonization. Critical and timely, contributions from top and emerging scholars suggest that it is time to bring the animals outwards into broader geographical dialogue to address pressing contemporary issues such as climate change.An important read for animal and human geographers, this will be a foundational text for emerging scholars interested in critical perspectives on human-environment relations and societal dynamics. Its grounding in historical evaluation, discussion of scholarly innovation in the field and the opportunities to reflect on the topic in a time of socio-ecological crisis will also be helpful for more established scholars.
A Research Agenda for Administrative Law (Elgar Research Agendas)
Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.
A Research Agenda for Academic Integrity (Elgar Research Agendas)
by Tracey BretagElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This timely Research Agenda provides in-depth analysis of emerging threats posed to academic integrity, alongside practical, evidence-based recommendations for creating cultures of integrity, demonstrating their importance within the commercialised field of higher education. Analysing the latest research on contract cheating, and how to identify and respond to it, this book explores the potential role of cyber-security research as arguably the next academic integrity frontier. Internationally renowned scholars from a range of disciplines and countries examine challenges surrounding academic integrity, offering advice to all higher education stakeholders. Chapters discuss the role of quality assurance, moving through specific cultural contexts and academic disciplines to provide insights into how to identify serious academic integrity breaches. This Research Agenda also looks at how to foster cultures of integrity, calling for further research on plagiarism, cheating and all forms of academic misconduct. The opportunities for future research in the book will make this a useful read for scholars examining higher education policy and practice. It will also be helpful to higher education teachers and professionals, policy-makers, and staff working directly with students, as the sector deals with growing concerns about breaches of academic integrity.
Rescuing the Enlightenment from Itself: Critical and Systemic Implications for Democracy (C. West Churchman's Legacy and Related Works #1)
by Janet McIntyre-MillsRescuing the Enlightenment from Itself: Critical and Systemic Implications for Democracy presents papers that make the case that good governance is about thinking and practice that can lead to a better balance of social, cultural, political, economic and environmental concerns to ensure a sustainable future for ourselves and for future generations. The work is inspired by the thinking of C. West Churchman and forms the first volume in a new series: C. West Churchman’s Legacy and Related Works. The book features contributions from a range of invited authors including Russell L. Ackoff, Ken Bausch, John van Gigch and Norma Romm. The volume is aimed at academics, post-graduate students and members of professional associations working in the fields of systems sciences, public policy and management, politics, and international relations.
Rescuing Justice and Equality
by G. A. CohenIn this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, people’s material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawls’s theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawls’s constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality.
Rescuing Companies in England and Germany
by Reinhard BorkThis book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions. Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.
Rescuing Companies in England and Germany
by Reinhard BorkThis book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions. Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.
Rescue of Business in Europe
by Gert-Jan BoonThis edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.