Corporations And International Lawmaking
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Corporations And International Lawmaking
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Author : Stephen Tully
language : en
Publisher: BRILL
Release Date : 2007
Corporations And International Lawmaking written by Stephen Tully and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
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.
Corporations And International Lawmaking
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Author :
language : en
Publisher:
Release Date : 2005
Corporations And International Lawmaking written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Private International Law Of Corporations
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Author : Dr. Maria Kaurakova
language : en
Publisher: Spiramus Press Ltd
Release Date : 2017-11-10
Private International Law Of Corporations written by Dr. Maria Kaurakova and has been published by Spiramus Press Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-10 with Law categories.
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.
Corporations In Private International Law
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Author : Stephan Rammeloo
language : en
Publisher: Oxford University Press, USA
Release Date : 2001
Corporations In Private International Law written by Stephan Rammeloo and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
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.
Corporations In And Under International Law
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Author : Ignaz Seidl-Hohenveldern
language : en
Publisher: Cambridge University Press
Release Date : 1987-06
Corporations In And Under International Law written by Ignaz Seidl-Hohenveldern and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-06 with Business & Economics categories.
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.
Legal Sources In Business And Human Rights
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Author : Martina Buscemi
language : en
Publisher: BRILL
Release Date : 2020-06-02
Legal Sources In Business And Human Rights written by Martina Buscemi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-02 with Law categories.
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.
General Principles For Business And Human Rights In International Law
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Author : Ludovica Chiussi Curzi
language : en
Publisher: BRILL
Release Date : 2020-10-26
General Principles For Business And Human Rights In International Law written by Ludovica Chiussi Curzi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-26 with Law categories.
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.
Transnational Corporations
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Author : Arghyrios A. Fatouros
language : en
Publisher: Taylor & Francis US
Release Date : 1994
Transnational Corporations written by Arghyrios A. Fatouros and has been published by Taylor & Francis US this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Competition, International categories.
Corporate Obligations Under International Law
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Author : Markos Karavias
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
Corporate Obligations Under International Law written by Markos Karavias and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
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.
International Corporate Personhood
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Author : Kevin Crow
language : en
Publisher: Routledge
Release Date : 2021-05-17
International Corporate Personhood written by Kevin Crow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-17 with Business & Economics categories.
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.