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Corporations And International Lawmaking
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Book Synopsis Corporations and International Lawmaking by : Stephen Tully
Download or read book Corporations and International Lawmaking written by Stephen Tully and published by BRILL. This book was released on 2007 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The classical model of international lawmaking posits governments as exclusively authoritative actors. However, commercially-oriented entities have long been protagonists within the prevailing international legal order, concluding contracts and resolving disputes with governments. Is the international legal personality of corporations undergoing further qualitative transformations ? Corporations influence the State practice constitutive of custom and create, refashion or challenge normative rules. The corporate willingness to fill legal lacunae where governments do not exercise their full regulatory responsibility is also observable through resort to alternative legal mechanisms. Corporations moreover contribute directly to treaty negotiations and occupy crucial roles during subsequent implementation. Indeed, an analysis of the access conditions and participatory modalities for non-State actors could support a right to participate under common international procedural law. Their substantive contributions are also evident when corporations participate in enforcing international law against governments through national courts, diplomatic protection (including the WTO) and arbitration (including NAFTA). However, the practice of intergovernmental organizations reveals several challenges including managing corporate interaction with developing country governments and other non-State actors. Acknowledging corporate contributions also has important implications for national regulatory autonomy, the ability of governments to mediate contested policy issues, the democratic legitimacy of the contemporary lawmaking process and an understanding of consent as the underlying basis for international law.
Book Synopsis Private International Law of Corporations by : Dr. Maria Kaurakova
Download or read book Private International Law of Corporations written by Dr. Maria Kaurakova and published by Spiramus Press Ltd. This book was released on 2017-11-10 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the theory of corporations as subjects of private international law. It aims to show the true extent and depth of legal and jurisdictional problems that states commonly face now, dealing with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction. This work rests on the idea that in the united but diverse and contradictory world founded upon eternal laws, law should be characterized by the same qualities. The main end of private international law should be to support these qualities of the world and law bringing order to it. This book is a manual for jurists, practitioners of law and academics, who need research covering specific legal and jurisdictional issues in a corporate sphere and probes the issue of the place of private international law of corporations in national systems of law, when viewed through institutional, scientific, practical, strategic and economic dimensions. This book examines the issues concerned with allocation of cross-border corporate relations and other relations closely connected with them in the appropriate system of law and jurisdiction resting on the idea of distinct public policy with inherent public interest. It provides a careful study of institutional, scientific, practical, strategic and economic aspects of private international law of corporations as it was, is and ought to be. This is to show what was done, what we have at present and what needs to be done in this specific area in a manner suggesting a simple and concise reasoning within the confines of scientific, systematic and historical treatment of the issue in study.
Book Synopsis Corporations in Private International Law by : Stephan Rammeloo
Download or read book Corporations in Private International Law written by Stephan Rammeloo and published by Oxford University Press, USA. This book was released on 2001 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides discussion of the principle of freedom of establishment and focuses on the key issue of determining where a corporation has its 'seat' for legal purposes.
Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi
Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Book Synopsis Corporations in and Under International Law by : Ignaz Seidl-Hohenveldern
Download or read book Corporations in and Under International Law written by Ignaz Seidl-Hohenveldern and published by Cambridge University Press. This book was released on 1987-06 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with two important aspects of the place of corporate bodies in international law. The author examines, first, in relation to both private and State-owned corporations, the problems of diplomatic protection, nationalization and State responsibility. Second, he discusses some problems of those corporate entities which owe their existence to international law, whether international organizations proper or common inter-State enterprises. These questions are all ones of continuing practical interest.
Book Synopsis Transnational Corporations by : Arghyrios A. Fatouros
Download or read book Transnational Corporations written by Arghyrios A. Fatouros and published by Taylor & Francis US. This book was released on 1994 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Corporate Personhood by : Kevin Crow
Download or read book International Corporate Personhood written by Kevin Crow and published by Routledge. This book was released on 2021-05-17 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the phenomenon of international corporate personhood (ICP) in international law and explores many legal issues raised in its wake. It sketches a theory of the ICP and encourages engagement with its amorphous legal nature through reimagination of international law beyond the State, in service to humanity. The book offers two primary contributions, one descriptive and one normative. The descriptive section of the book sketches a history of the emergence of the ICP and discusses existing analogical approaches to theorizing the corporation in international law. It then turns to an analysis of the primary judicial decisions and international legal instruments that animate internationally a concept that began in U.S. domestic law. The descriptive section concludes with a list of twenty-two judge-made and text-made rights and privileges presently available to the ICP that are not available to other international legal personalities; these are later categorized into ‘active’ and ‘passive’ rights. The normative section of the book begins the shift from what is to what ought to be by sketching a theory of the ICP that – unlike existing attempts to place the corporation in international legal theory – does not rely on analogical reasoning. Rather, it adopts the Jessupian emphasis on ‘human problems’ and encourages pragmatic, solution-oriented legal analysis and interpretation, especially in arbitral tribunals and international courts where legal reasoning is frequently borrowed from domestic law and international treaty regimes. It suggests that ICPs should have ‘passive’ or procedural rights that cater to problems that can be characterized as ‘universal’ but that international law should avoid universalizing ‘active’ or substantive rights which ICPs can shape through agency. The book concludes by identifying new trajectories in law relevant to the future and evolution of the ICP. This book will be most useful to students and practitioners of international law but provides riveting material for anyone interested in understanding the phenomenon of international corporate personhood or the international law surrounding corporations more generally.
Book Synopsis Private International Law Aspects of Corporate Social Responsibility by : Catherine Kessedjian
Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Book Synopsis Corporate Obligations under International Law by : Markos Karavias
Download or read book Corporate Obligations under International Law written by Markos Karavias and published by OUP Oxford. This book was released on 2013-11-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extent to which international law places obligations directly on corporate entities. It is often argued that corporations are bound by, inter alia, the same human rights and environmental obligations that states have. This book examines the source of these supposed obligations in treaty law, international custom, and in internationalized contracts, to determine whether they really can be transposed to corporations so easily. The focus of the book is on the regulation by international law of private corporate conduct. It examines whether corporate obligations, namely obligations binding directly upon a corporation under positive international law, have indeed emerged, and if so, whether corporations may be systemically included in the predominantly state-centric framework of international law. It investigates the challenges facing international law as a result of the potential emergence of corporate obligations, and engages in a structural analysis of what corporate obligations under international human rights law might entail. Ultimately, it warns against conceptualizing corporations as both holders and potential violators of human rights, explaining why they are not automatically bound by the same obligations that are imposed on states.
Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Book Synopsis Liability of Multinational Corporations under International Law by : Menno T. Kamminga
Download or read book Liability of Multinational Corporations under International Law written by Menno T. Kamminga and published by BRILL. This book was released on 2021-12-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational Corporations and Human Rights by : Gwynne L. Skinner
Download or read book Transnational Corporations and Human Rights written by Gwynne L. Skinner and published by Cambridge University Press. This book was released on 2020-08-20 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The number of transnational corporations - including parent companies and subsidiaries - has exploded over the last forty years, which has led to a correlating rise of corporate violations of international human rights and environmental laws, either directly or in conjunction with government security forces, local police, state-run businesses, or other businesses. In this work, Gwynne Skinner details the harms of business-related human rights violations on local communities and describes the barriers, both functional and institutional, that victims face in seeking remedies. She concludes by offering solutions to these barriers, with a focus on measures designed to improve judicial remedies, which are the heart of international human rights law but often fail to deliver justice to victims. This work should be read by anyone concerned with the role of corporations in our increasingly globalized society.
Book Synopsis Law of Foreign Corporations by : William Law Murfree
Download or read book Law of Foreign Corporations written by William Law Murfree and published by . This book was released on 1893 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Making of International Law by : Alan Boyle
Download or read book The Making of International Law written by Alan Boyle and published by OUP Oxford. This book was released on 2007-02-22 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the principal negotiating processes and law-making tools through which contemporary international law is made. It does not seek to give an account of the traditional - and untraditional - sources and theories of international law, but rather to identify the processes, participants and instruments employed in the making of international law. It accordingly examines some of the mechanisms and procedures whereby new rules of law are created or old rules are amended or abrogated. It concentrates on the UN, other international organisations, diplomatic conferences, codification bodies, NGOs, and courts. Every society perceives the need to differentiate between its legal norms and other norms controlling social, economic and political behaviour. But unlike domestic legal systems where this distinction is typically determined by constitutional provisions, the decentralised nature of the international legal system makes this a complex and contested issue. Moreover, contemporary international law is often the product of a subtle and evolving interplay of law-making instruments, both binding and non-binding, and of customary law and general principles. Only in this broader context can the significance of so-called 'soft law' and multilateral treaties be fully appreciated. An important question posed by any examination of international law-making structures is the extent to which we can or should make judgments about their legitimacy and coherence, and if so in what terms. Put simply, a law-making process perceived to be illegitimate or incoherent is more likely to be an ineffective process. From this perspective, the assumption of law-making power by the UN Security Council offers unique advantages of speed and universality, but it also poses a particular challenge to the development of a more open and participatory process observable in other international law-making bodies.
Book Synopsis Legal Sources in Business and Human Rights by : Martina Buscemi
Download or read book Legal Sources in Business and Human Rights written by Martina Buscemi and published by BRILL. This book was released on 2020-06-02 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Sources in Business and Human Rights takes stock of different aspects of Business and Human Rights practice in order to identify and explore some dynamics that are driving the evolution of the legal sources of international and EU law in the field of B&HRs.
Book Synopsis State-owned Entities and Human Rights by : Mihaela Maria Barnes
Download or read book State-owned Entities and Human Rights written by Mihaela Maria Barnes and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "The monograph focuses on the human rights challenges that are associated with the involvement of States in economic activities and on the role that international law has to play in addressing and understanding some of those challenges. To this end, State-owned entities are looked at through the lens of several topics of international law that have been found to hold particular relevance in this context, such as the concept of legal personality in international law, the process of normativity in international law, State immunity and State responsibility. The monograph shows how SOEs have had an important role in the evolution of international law and how, in turn, international law is currently shaping the evolution of State-owned entities, since the direction of influence goes both ways. By focusing on a different type of actor, the State-owned or State-controlled business entity, as opposed to the private corporation, the monograph aims to offer an alternative perspective on corporations and human rights, and it demonstrates the fundamental role that international law has to play in addressing some of the human rights challenges associated with State corporate ownership"--
Book Synopsis Accountability, International Business Operations and the Law by : Liesbeth Enneking
Download or read book Accountability, International Business Operations and the Law written by Liesbeth Enneking and published by Routledge. This book was released on 2019-12-05 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has emerged that corporations have societal and environmental responsibilities when operating transnationally. However, how exactly corporations can be held legally accountable for their transgressions, if at all, is less clear. This volume inquires how regulatory tools stemming from international law, public law, and private law may or may not be used for transnational corporate accountability purposes. Attention is devoted to applicable standards of liability, institutional and jurisdictional issues, and practical challenges, with a focus on ways to improve the existing legal status quo. In addition, there is consideration of the extent to which non-legal regulatory instruments may complement or provide more viable alternatives to these legal mechanisms. The book combines legaldoctrinal approaches with comparative, interdisciplinary, and policy insights with the dual aim of furthering the legal scholarly debate on these issues and enabling higher quality decision-making by policymakers seeking to implement regulatory measures that enhance corporate accountability in this context. Through its study of contemporary developments in legislation and case law, it provides a timely and important contribution to the scholarly and sociopolitical debate in the fastevolving field of international corporate social responsibility and accountability.
