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Multinationals And The Constitutionalization Of The World Power System
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Book Synopsis Multinationals and the Constitutionalization of the World Power System by : Jean-Philippe Robé
Download or read book Multinationals and the Constitutionalization of the World Power System written by Jean-Philippe Robé and published by Routledge. This book was released on 2016-06-03 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection offers a powerful and coherent study of the transformation of the multinational enterprise as both an object and subject of law within and beyond States. The study develops an analysis of the large firm as being a system of organization exercising vast powers through various instruments of private law, such as property rights, contracts and corporations. The volume focuses on the firm as the operational unit of governance within emerging systems of globalization, whilst exploring in-depth the forms within which the firm might be regulated as against the inhibiting parameters of national law. It connects, through the ordering concept of the firm in globalization, the distinct regimes of constitutionalization, national and international law. The study will be of interest to students and academics in globalization and the regulation of multinational corporations, as well as law, economics and politics on a global scale. It will also interest government leaders and NGOs working in the areas of MNE regulations.
Book Synopsis The Constitutionalization of the Global Corporate Sphere? by : Grahame F. Thompson
Download or read book The Constitutionalization of the Global Corporate Sphere? written by Grahame F. Thompson and published by OUP Oxford. This book was released on 2012-10-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the advent of globalization - where corporate organizations and the commercial relations that accompany them are argued to be becoming increasingly transnational - the locus of powers, authorities, and responsibilities has shifted to the global level. The nation-state arena is losing its capacity to regulate and control commercial processes and practices as a transformational logic kicks-in, associated with new forms of global rule-making and governance. It is this new arena of global rule-making that can be considered as a surrogate form of global constitutionalization, or 'quasi-constitutionalization'. But as might be expected, this surrogate process of constitutionalization is not a coherent system or set of rounded outcomes but full of contradictory half-finished currents and projects: an 'assemblage' of many disparate advances and often directionless moves - almost an accidental coming together of elements. It is this assemblage that is to be investigated and unbundled by the analysis of the book. The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level. It analyses how we should characterize the process that has seen the international corporate arena increasingly subject to juridical and constitutional-like regulatory initiatives and interventions and whether this amounts to a new attempt to subject international commercial relations to the 'rule of law' and, indeed, to rule the world through these very means.
Book Synopsis Governing the Firm in the Social Interest by : Catherine Casey
Download or read book Governing the Firm in the Social Interest written by Catherine Casey and published by Taylor & Francis. This book was released on 2024-02-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The corporate business enterprise is a core institution of capitalism. It holds immense political, economic, and cultural power in society. It mobilizes social and planetary resources to its utility in pursuit of private profit maximization and with little regard for social concerns. Its influence over so much of societal life and effects on the natural environment raise critical questions about the firm and its governance in democratic society. Various voices seek reforms of regulation and corporate governance practices to those shaped by the neoliberal policies persisting in the current decades. But prospects for amelioration within our current horizons of thinking appear elusive. This book contributes a distinctly social theoretical approach to the social problem of governing the firm. Its discussions complement debates in economics, politics, and law. Its critical social theorizations challenge conventional understandings of the firm and neoliberal legitimacies of its governance and posit alternatives. The book explores the social relations and moral fabric of the firm and the creativity of human action at work. It proposes a reimagined corporate governance premised on just recognition of that social vitality. It invites unprecedented collaboration for a robust participatory democracy for governing the firm and market action oriented to ecological and social sustainability.
Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas
Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Law offers a comprehensive analysis of general principles of law, assessing their role in guaranteeing the coherence of the international legal system.
Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021-04-30 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.
Book Synopsis Automation, Innovation and Economic Crisis by : Jon-Arild Johannessen
Download or read book Automation, Innovation and Economic Crisis written by Jon-Arild Johannessen and published by Routledge. This book was released on 2018-05-15 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth industrial revolution is developing globally, with no geographical centre. It is also taking place at enormous speed. This development will shape the workplaces of the future, which will be entirely different from the workplaces created by the first, second and third industrial revolutions. Industry created the industrial worker. The knowledge society will create a new type of "industrial worker", the knowledge worker. While the third industrial revolution was concerned with the digitalization of work, in the fourth industrial revolution, robots will bring about the informatization of work. Many of these robots will be systematically connected, such that they can obtain updated information and learn from their own and others’ mistakes. The way we work, where we work, what we work on, and our relationships with our colleagues and employers are all in a state of change. The workplace of the future will not necessarily be a fixed geographical location, but may be geographically distributed and functionally divided. In his book, Jon-Arild Johannessen argues that a "perfect" social storm occurs when inequality grows at a catastrophic rate, unemployment increases, job security is threatened for a growing number and robotization takes over even the most underpaid jobs. Thus, the ingredients for a perfect social storm will be brought forward by cascades of innovations that will most likely lead to economic and social crises and he argues that it is reasonable to assume that it will only take a small spark for this social storm to develop into a social revolution.
Book Synopsis Sociological Constitutionalism by : Paul Blokker
Download or read book Sociological Constitutionalism written by Paul Blokker and published by Cambridge University Press. This book was released on 2017-10-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark book provides the first systematic overview of key research in the sociology of constitutions.
Book Synopsis Sustainable Development, Global Trade and Social Rights by : Adalberto Perulli
Download or read book Sustainable Development, Global Trade and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three major fields of international law – trade, the environment, and human rights – have become inextricably intertwined in today’s world. A practitioner, policymaker, businessperson, or academic involved in any one of these fields must now be conversant with the other two. This groundbreaking book considers the crucial elements of this complex engagement, with eleven authoritative discussions by some of the most important and widely renowned professors of labor, commercial, and international law and experts from the International Labour Organization and the International Society for Labour and Social Security Law. Focusing primarily on the “social pillar” of sustainability, the authors cover such critical issues as the following: – the “creeping de-globalization” manifested by Brexit and US protectionist policies; – new and renegotiated multilateral “mega” treaties; – prospects for effectively codifying social responsibilities of multinational corporations; – nexus of economic comparative advantage and excessive exploitation of natural resources; – weak (or non-existent) enforcement of labor clauses in trade agreements; – assessing and managing environmental and social risk in project finance; and – stabilization clauses in state–investor agreements. An analysis of MERCOSUR serves as a revealing insight into the differences between trade agreements concluded among developing countries and those concluded among developed countries. A much-needed probing of the future of global trade in the light of a resurgence of economic nationalisms, this book takes a giant step towards a new consensus and cohesion phase in the international community where development policies, international business transactions, and social and environmental sustainability coexist harmoniously. It will be welcomed by practitioners, academics, and researchers in trade law, environmental law, and labor law, as well as by policymakers and businesspersons concerned with how these legal fields interact with economic justice.
Book Synopsis Corporate Groups and Shadow Business Practices by : Linn Anker-Sørensen
Download or read book Corporate Groups and Shadow Business Practices written by Linn Anker-Sørensen and published by Cambridge University Press. This book was released on 2022-04-28 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The uniqueness of this book is its conceptualization of a corporate group as a system of interaction, comprised of nodes, links and internal governance tools. This framework can be used to understand what constitutes a group, based on affiliation-linkages. By increasing our perception of group-structuring we can assess the extent to which existing laws address all variables. If the law does not consider certain variables to be used for identifying groups, a case of shadow business may be identified. Group-transparency is a recurring topic on the regulatory agenda. In this book, three legal domains are analysed questioning whether specific amendments have led to increased group-transparency: the control-definition for consolidated accounts, shareholder-transparency in company law, and major holding disclosure in listed companies. This book identifies deficiencies of the law in obtaining its regulatory objective of group-transparency, and proposes an interpretative solution based on Systems Thinking.
Book Synopsis A Research Agenda for Corporations by : Christopher May
Download or read book A Research Agenda for Corporations written by Christopher May and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Business and Human Rights Law and Practice in Africa by : Olawuyi, Damilola S.
Download or read book Business and Human Rights Law and Practice in Africa written by Olawuyi, Damilola S. and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.
Book Synopsis Enterprise and Social Rights by : Adalberto Perulli
Download or read book Enterprise and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2017-06-15 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume – the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective – underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: – labour-management relations issues that arise when companies go global but workers remain local; – the firm as a social construction; – the continuing necessity for collective bargaining; – concealment of the employment relationship under the guise of self-employment; – concealment of the real employer behind figureheads and shell companies; – social welfare effects of outsourcing; – the company’s interaction with the network of suppliers and with local education processes; – determining who actually carries responsibility towards workers; – overcoming companies’ drive to enter the global market in response to national regulation; – realizing the notion of ‘duty of care’; – mechanisms of participation of workers in the management of the enterprise; and – the persistent limitations that women face in the workplace, even when worker participation is advocated. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts. In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.
Book Synopsis European Constitutional Imaginaries by : Jan Komárek
Download or read book European Constitutional Imaginaries written by Jan Komárek and published by Oxford University Press. This book was released on 2023-03-02 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the EU be made legitimate and sustainable through (constitutional) law - and what is the role of constitutional lawyers and their ideas in creating this "sense of legitimacy"? This book seeks to answer these questions through the concept of the "constitutional imaginary": sets of ideas and beliefs that motivate and justify the practice of government and collective self-rule. Constitutional imaginaries are as important as institutions and office- holders, as they provide political action with an overarching sense and purpose recognized as legitimate by those governed. Constitutional imaginaries are 'necessary fictions' that make political rule possible, and at the same time they are ideologies which hide from view various forms of domination. European Constitutional Imaginaries deals with a variety of questions and is split into four parts to address: the first part explores in more detail various meanings of European constitutional imaginary, as seen by different disciplines: legal sociology, political and constitutional theory, and philosophy. The second part revisits the contribution of some key authors to the creation of European constitutional imaginaries, and the third part offers various new ways of thinking about European constitutionalism. The fourth and final part examines political economy behind various constitutional imaginaries. Written by a balanced mix of well-established authors and newer talent, European Constitutional Imaginaries promises to open debates on European constitutionalism that are necessary to understanding Europe's present predicament and its various crises, all navigated through the medium of law.
Book Synopsis Handbook of Business and Public Policy by : Kellow, Aynsley
Download or read book Handbook of Business and Public Policy written by Kellow, Aynsley and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook provides an analysis of the key issues, accomplishments, and challenges of research and practices related to the interactions between business and public policy.
Book Synopsis Combating Fiscal Fraud and Empowering Regulators by : Brigitte Unger
Download or read book Combating Fiscal Fraud and Empowering Regulators written by Brigitte Unger and published by Oxford University Press. This book was released on 2021 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Combating Fiscal Fraud and Empowering Regulators analyzes the impact of new international tax regulations on the scope and scale of tax evasion, tax avoidance, and money laundering. These are analyzed through an ecosystem framework in which, similar to a natural ecosystem, new tax regulations appear as heavy shocks to the tax ecosystem, to which the 'species' such as countries, corporations, and tax experts will react by looking for new loopholes and niches of survival. By analyzing the impact of tax reforms from different perspectives--a legal, political science, accounting, and economic one--one may derive an assessment of the reforms and policy recommendations for an improved international tax system. The ultimate goal is to combat fiscal fraud and empower regulators, in that line, this volume is intended for a broad audience that seeks to know more about the latest state of the art in the realm of taxation from a multidisciplinary perspective. The money involved amounts to billions in unpaid taxes that could be better used for stopping hunger, guaranteeing education, and safeguarding biodiversity, hence making this world a better one. Regulators can see this book as a guiding light of what has happened in the past forty years, and how the world has and will continue to change as a result of it. Combating Fiscal Fraud and Empowering Regulators is also a warning about new emerging tax loopholes, such as freeports or golden passports and visas, where residency can be bought in tax havens, even within the European Union. The main message is that inequality can and has to be reduced substantially and that this can be achieved through a well-working international tax system that eliminates secrecy, opaqueness, and tax havens.
Book Synopsis The Nationality of Corporate Investors under International Investment Law by : Anil Yilmaz Vastardis
Download or read book The Nationality of Corporate Investors under International Investment Law written by Anil Yilmaz Vastardis and published by Bloomsbury Publishing. This book was released on 2020-10-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers a detailed and distinctive analysis of corporate nationality under international investment law, covering the ICSID Convention and the investment treaty framework. It takes the reader back to the basics, threading through the concepts of jurisdiction, nationality, and corporate personality to give a clear context to the discussion of corporate nationality under international investment law, at a time when international investment is dominated by multinational business enterprises operating in a globalised economy. The book examines different understandings of corporate personality and nationality under a selection of jurisdictions and public international law. It also offers an in-depth analysis of approaches found in ICSID arbitral awards and in investment treaty practice, distilling the problematic areas and discussing the impacts of the areas of concern. It evaluates the techniques developed to address problems and puts forward suggestions for effective and balanced solutions to the questions of corporate nationality and personal scope of investment protection.
Book Synopsis Investors’ International Law by : Jean Ho
Download or read book Investors’ International Law written by Jean Ho and published by Bloomsbury Publishing. This book was released on 2021-06-03 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
