Hostile Business And The Sovereign State
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Hostile Business And The Sovereign State
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Author : Michael J. Strauss
language : en
Publisher: Routledge
Release Date : 2019-01-02
Hostile Business And The Sovereign State written by Michael J. Strauss and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-02 with Business & Economics categories.
This book describes and assesses an emerging threat to states’ territorial control and sovereignty: the hostile control of companies that carry out privatized aspects of sovereign authority. The threat arises from the massive worldwide shift of state activities to the private sector since the late 1970s in conjunction with two other modern trends – the globalization of business and the liberalization of international capital flows. The work introduces three new concepts: firstly, the rise of companies that handle privatized activities, and the associated advent of "post-government companies" that make such activities their core business. Control of them may reside with individual investors, other companies or investment funds, or it may reside with other states through state-owned enterprises or sovereign wealth funds. Secondly, "imperfect privatizations:" when a state privatizes an activity to another state’s public sector. The book identifies cases where this is happening. It also elaborates on how ownership and influence of companies that perform privatized functions may not be transparent, and can pass to inherently hostile actors, including criminal or terrorist organizations. Thirdly, "belligerent companies," whose conduct is hostile to those of states where they are active. The book concludes by assessing the adequacy of existing legal and regulatory regimes and how relevant norms may evolve.
Business Compliance And Human Rights Law
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Author : Gabriel Webber Ziero
language : en
Publisher: Routledge
Release Date : 2021-12-28
Business Compliance And Human Rights Law written by Gabriel Webber Ziero and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Business & Economics categories.
In recent years, transnational private regulations (TPRs) have gained importance in the areas of business and human rights, particularly from a consumer point of view. However, some question whether TPRs are indeed suitable normative frameworks contributing to their signatory entities’ compliance with human rights standards and effective avoidance of human rights abuses. In response to this question, this book proposes an analytical concept of effective compliance. Based on the elements identified as crucial for achieving effective compliance, it conducts an in-depth analysis of how TPRs’ normative frameworks function in practice and identifies common patterns and challenges. Such inquiry is based on an interdisciplinary methodological approach between law and sociology, seeking not only to comprehend and assess how law is systematized in theoretical terms, but also to understand how it works on the ground. This allows identification of the lack of active and effective participation of vulnerable stakeholders in the discursive processes established and governed by TPRs, such as rule-making and conformity assessment processes, as the main challenge. Based on such evidence, the book addresses the possibilities of overcoming such challenges, proposing that to fully achieve TPRs’ potential from an effective compliance point of view, legal empowerment of vulnerable groups is essential. It concludes by providing key observations and suggestions that contribute to the use of TPRs as instruments in the struggle for rights of empowered vulnerable stakeholders. The book will be of interest to academics, researchers, and policy-makers working in the areas of international law, transnational law, sociology of law, and human rights law.
States Firms And Their Legal Fictions
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Author : Melissa J. Durkee
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-29
States Firms And Their Legal Fictions written by Melissa J. Durkee 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 2024-02-29 with Law categories.
This volume offers a new point of entry into questions about how the law conceives of states and firms. Because states and firms are fictitious constructs rather than products of evolutionary biology, the law dictates which acts should be attributed to each entity, and by which actors. Those legal decisions construct firms and states by attributing identity and consequences to them. As the volume shows, these legal decisions are often products of path dependence or conceptual metaphors like “personhood” that have expanded beyond their original uses. Focusing on attribution, the volume considers an array of questions about artificial entities that are usually divided into doctrinal siloes. These include questions about attribution of international legal responsibility to states and state-owned entities, transnational attribution of liabilities to firms, and attribution of identity rights to corporations. Durkee highlights the artificiality of doctrines that construct firms and states, and therefore their susceptibility to change.
Encounters Between Foreign Relations Law And International Law
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Author : Helmut Philipp Aust
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-03
Encounters Between Foreign Relations Law And International Law written by Helmut Philipp Aust 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 2021-06-03 with Law categories.
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Regulation Of State Controlled Enterprises
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Author : Julien Chaisse
language : en
Publisher: Springer Nature
Release Date : 2022-08-25
Regulation Of State Controlled Enterprises written by Julien Chaisse and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.
Legal And Rhetorical Foundations Of Economic Globalization
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Author : Keren Wang
language : en
Publisher: Routledge
Release Date : 2019-06-13
Legal And Rhetorical Foundations Of Economic Globalization written by Keren Wang and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Business & Economics categories.
This book examines the subtle ways in which rhetorics of sacrifice have been re-appropriated into the workings of the global political economy in the 21st century. It presents an in-depth analysis of the ways in which ritual practices are deployed, under a diverse set of political and legal contexts, as legitimation devices in rendering exploitative structures of the prevailing political-economic system to appear inescapable, or even palatable. To this end, this work explores the deeper rhetorical and legal basis of late-capitalist governmentality by critically interrogating its mythical and ritual dimensions. The analysis gives due consideration to the contemporary incarnations of ritual sacrifice in the transnational neoliberal discourse: from those exploitative yet inescapable contractual obligations, to calendrical multi-billion dollar 'offerings' to the insatiable needs of 'too-big-to-fail' corporations. The first part of the book provides a working interpretative framework for understanding the politics of ritual sacrifice – one that not only accommodates multidisciplinary, interdisciplinary knowledge of ritual practices, but that can also be employed in the integrated analysis of sacrificial rituals as political rhetoric under divergent historical and societal contexts. The second conducts a series of case studies that cut across the wide variability of ritual public takings in late-capitalism. The book concludes by highlighting several key common doctrines of public ritual sacrifice which have been broadly observed in its case studies. These common doctrines tend to reflect the rhetorical and legal foundations for public takings under hegemonic market-driven governance. They define 'appropriate and proper' occasions for suspending pre-existing legal protections to regularize otherwise transgressive transfers of rights and possessions for the 'greater good' of the economic order.
Global Constitutional Narratives Of Autonomous Regions
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Author : Jason Buhi
language : en
Publisher: Routledge
Release Date : 2021-03-30
Global Constitutional Narratives Of Autonomous Regions written by Jason Buhi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-30 with History categories.
With international attention focused on Hong Kong, many forget that Macau also exists in a delicate "one country, two systems" (OCTS) balance with mainland China. This book provides insights into the circumstances surrounding the less-understood half of China’s OCTS policy, including the stagnation of representational government, and the location of any Macau characteristics in the Macau Basic Law. Despite being Hong Kong’s sister "Special Administrative Region" (SAR) within the People’s Republic of China, Macau’s unique constitutional development under Portuguese and Chinese administration remains under-appreciated despite its potential contributions to local, national, and international constitutional discourse. Utilizing a multidisciplinary approach, including doctrinal, historical, and comparative methodologies, this work fills that gap. The research blends Portuguese, Chinese, and foreign-language sources in order to reconstruct a balanced constitutional narrative. The book focuses on a consequential effect of globalization – that is, the assimilation of a long-standing and unique constitutional order by a new hegemonic sovereign – including processes for internationalization as China opened up, legal harmonization of two distinct legal and socioeconomic orders, juridification of local affairs with the establishment of a new local court system in preparation for handover to the Chinese regime, and democratization (or the lack thereof) among the various communities comprising the Macanese polity before and since. Focusing on Macau’s unique development at the crux of European and Chinese empires, and the role it plays as a mirror for Chinese intentions vis-a-vis Hong Kong today, the book will be of interest to those working in constitutional law, politics, and history.
Transnationalisation And Legal Actors
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Author : Bettina Lemann Kristiansen
language : en
Publisher: Routledge
Release Date : 2019-06-10
Transnationalisation And Legal Actors written by Bettina Lemann Kristiansen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-10 with Law categories.
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.
An Argument Open To All
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Author : Sanford Levinson
language : en
Publisher: Yale University Press
Release Date : 2015-01-01
An Argument Open To All written by Sanford Levinson and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-01 with History categories.
From one of America's most distinguished constitutional scholars, an intriguing exploration of America's most famous political tract and its relevance to today's politics In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America's most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America's traditional culture; and whether The Federalist's arguments even suggest the desirability of world government.
The Body And The State
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Author : Cary Federman
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
The Body And The State written by Cary Federman and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Social Science categories.
The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.