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3D printing – a new disruption to law?
In matters of technology law and policy, especially for emerging technologies such as 3D printing, law and policymakers would do well to monitor the state of the technology and market developments as well as the more theoretical literature from law and other disciplines about conceptual obstacles that the affordances of technologies pose for existing legal and policy regimes. The example of 3D printing so far fits squarely into this description, as a potentially highly disruptive technology for many areas of law, but whose progress in practice is deviating from some of these predictions. Empirical monitoring of 3D printing’s development will assist academics, lawyers, law-makers and others in determining the extent to which any “disruption” needs managed through reform
Combating the laundering of proceeds of crime in the United Kingdom: an analysis of the Criminal Finances Act 2017
In this article Dr Sirajo Yakubu (Researcher and consultant in Economic Crime) analyses the amendments the Criminal Finances Act 2017 in the UK made to the Proceeds of Crime Act 2002. The author focuses analysis on: suspicious activity reports, sharing of information among bodies in the regulated sector, and the newly introduced law on unexplained wealth orders (UWOs).
Index keywords: Economic crime, financial crime, anti-money laundering, United Kingdo
The concept of a Convention on Electronic Evidence
Stephen Mason explains the idea of a Convention dealing with the status of electronic evidence, covering civil and criminal proceedings; the investigation and examination of electronic evidence, and general provisions regarding the recognition and admissibility of electronic evidence from foreign jurisdictions. His paper describes his collaborative work with other experts in the field to draft an important and much needed Convention providing the first treaty in this sphere
The legal framework governing business organisations in China: gaining an understanding of its general evolution
Xiaoyang Zhang (Associate Professor (Business Law), Lee Shau Kee School of Business & Administration, The Open University of Hong Kong) outlines an evolution in the legal framework governing business organisations in China. After gaining WTO membership in 2001, China began to perform a comprehensive overhaul of the existing laws and legal institutions, especially with respect to the economic field, with a view to forging a series of new institutional regimes in compliance with those essential international norms and practices which have been widely acknowledged and taken up around the globe. The author argues that, by following a step-by-step approach, a permissible range of adoptable business vehicles is systematically going back to normal as it is now seen
The complexity of financial regulation and a quest for the grail
In this article Dr Armin J. Kammel (Professor of Banking Law and Financial Regulation at Lauder Business School in Vienna and IALS Associate Research Fellow) offers an introduction to the concept of complexity and makes a critical assessment of its application to financial regulation and provides some future policy recommendations. Includes helpful bibliography.
Index keywords: financial regulation, banking la
Conference highlights at the Institute
In his final “First Page” commentary as Deputy General Editor of Amicus Curiae, Julian Harris highlights two recent high-quality conferences staged at the IALS (The Third Annual Conference on “The future of the commercial contract in scholarship and law reform” and the 2018 Annual Conference of the Information Law and Policy Centre on “Transforming cities with AI: law policy and ethics”) and papers resulting from the conferences appearing in this issue of Amicus Curiae
The paradoxes of the theory of imprévision in the new French law of contract: a judicial deterrent?
Catherine Pédamon (Westminster Law School, University of Westminster) re-examines the theory and practice of hardship, frustration and impracticality in commercial contracts, in light of the new legal provision (Art 1195 CC) of the rewritten Civil code (CC) that now enshrines the theory of imprévision (unforeseeability) in French law.
Index keywords: France, Civil code, contract law, imprévision