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New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource: the full elasticity of the trust concept; the variety and significance of commercial or financial trusts; the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth; the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.
Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.
This republished Special Issue highlights recent and emergent concepts and approaches to water governance that re-centers the political in relation to water-related decision making, use, and management. To do so at once is to focus on diverse ontologies, meanings and values of water, and related contestations regarding its use, or its importance for livelihoods, identity, or place-making. Building on insights from science and technology studies, feminist, and postcolonial approaches, we engage broadly with the ways that water-related decision making is often depoliticized and evacuated of political content or meaning—and to what effect. Key themes that emerged from the contributions include the politics of water infrastructure and insecurity; participatory politics and multi-scalar governance dynamics; politics related to emergent technologies of water (bottled or packaged water, and water desalination); and Indigenous water governance.
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Based on a highly acclaimed UK title, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA has been comprehensively adapted to provide authoritative guidance on drafting trusts and will trusts in eight Australian jurisdictions. Providing both a comprehensive range of precedents and a wealth of valuable advice, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA cuts through verbosity and helps you to understand and prepare trust documents your client wants and needs. The book features chapters on key areas of trust law, including beneficiaries, trustees, trustee's powers and general provisions of a trust. DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA also offers a large number of precedents for both lifetime and will trusts. The precedents, which appear in printed form and on an accompanying CD-Rom, reveal a fresh approach to creating documents. A unique addition to the Australian market, DRAFTING TRUSTS AND WILL TRUSTS IN AUSTRALIA is an essential reference for those practising in tax law, estate and succession planning, family law and property law.
Comparative study covering three models of trust : the English, the international and the civilian. More than forty countries are examined and a unified theory of trusts is submitted. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law.
Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community — the global water deficit. Cross-border water trade is a solution that generates ethical and economic but also legal challenges. Economic, humanitarian and environmental approaches each highlight different and sometimes conflicting aspects of the international commercialization of water. Finding an equilibrium for all the dimensions required an interdisciplinary path incorporating certain perspectives of natural law. The significance of such theoretical underpinnings is not merely academic but also quite practical, with concrete consequences for the legal status of water and its fitness for international trade.
The Law of International Watercourses examines the rules of international law governing the non-navigational uses of international watercourses. The continued growth of the world's population places increasing demands on Earth's finite supply of fresh water. Because two or more states sharemany of the world's most important drainage basins - including The Danube, The Ganges, The Indus, The Jordan, The Mekong, The Nile, The Rhine, and The Tigris-Euphrates - competition for increasingly scarce fresh water resources is likely to increase. Resulting disputes will be resolved against thebackdrop of the rules of international law governing the use of international watercourses. In addition, these rules are of importance to donor institutions and governments that provide development assistance for projects relating to shared fresh water resources. While the law of international watercourses continues to evolve due to the intensification of use of shared fresh water resources and, consequently, increasingly frequent contacts between riparian states, The basic rules are reflected in the 1997 UN Convention on the law of the non-navigationaluses of international watercourses. This book devotes a chapter to the 1997 Convention but also examines the factual and legal context in which the Convention should be understood, considers the more important rules of the Convention in some depth and discusses specific issues that could not beaddressed in a framework instrument of that kind. In particular, the book studies the major cases and controversies concerning international watercourses as a background against which to consider the basic substantive and procedural rights and obligations of states.