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Multinationals And The Constitutionalization Of The World Power System


Multinationals And The Constitutionalization Of The World Power System
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Multinationals And The Constitutionalization Of The World Power System


Multinationals And The Constitutionalization Of The World Power System
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Author : Jean-Philippe Robé
language : en
Publisher: Routledge
Release Date : 2016-06-03

Multinationals And The Constitutionalization Of The World Power System written by Jean-Philippe Robé and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-03 with Law categories.


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.



Governing The Firm In The Social Interest


Governing The Firm In The Social Interest
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Author : Catherine Casey
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-20

Governing The Firm In The Social Interest written by Catherine Casey and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-20 with Business & Economics categories.


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.



General Principles And The Coherence Of International Law


General Principles And The Coherence Of International Law
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Author : Mads Andenas
language : en
Publisher: BRILL
Release Date : 2019-05-20

General Principles And The Coherence Of International Law written by Mads Andenas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Law categories.


General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.



Sociological Constitutionalism


Sociological Constitutionalism
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Author : Paul Blokker
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12

Sociological Constitutionalism written by Paul Blokker 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 2017-10-12 with Law categories.


This landmark book provides the first systematic overview of key research in the sociology of constitutions.



The Oxford Handbook Of Transnational Law


The Oxford Handbook Of Transnational Law
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Author : Peer Zumbansen
language : en
Publisher: Oxford University Press
Release Date : 2021-04-30

The Oxford Handbook Of Transnational Law written by Peer Zumbansen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-30 with Law categories.


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.



Automation Innovation And Economic Crisis


Automation Innovation And Economic Crisis
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Author : Jon-Arild Johannessen
language : en
Publisher: Routledge
Release Date : 2018-05-15

Automation Innovation And Economic Crisis written by Jon-Arild Johannessen and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-15 with Business & Economics categories.


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.



Enterprise And Social Rights


Enterprise And Social Rights
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Author : Adalberto Perulli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-06-15

Enterprise And Social Rights written by Adalberto Perulli and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-15 with Law categories.


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.



European Constitutional Imaginaries


European Constitutional Imaginaries
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Author : Jan Komárek
language : en
Publisher: Oxford University Press
Release Date : 2023

European Constitutional Imaginaries written by Jan Komárek and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Law categories.


What does it mean to say that the European Union has a constitution--theoretically, but more importantly, practically? What sort of possibilities such assertion opens for various actors--politicians, legal professionals, or the general public? And what is the role of constitutional thinkers in establishing constitutional discourse as the dominant way in which European law is (or was) conceived after 1989? This volume seeks to answer such questions, with a special emphasis on the last one. 'European Constitutional Imaginaries' are the central focus of the book. These are sets of ideas and beliefs that help to motivate and at the same time justify the practice of government and collective self-rule established by the constitution (written or unwritten). Such imaginaries are as important as institutions and office-holders. They provide political action with an overarching sense and purpose recognized by those governed as legitimate. The book brings together reflections by lawyers, philosophers, sociologists, or political economists, who shed light on various constitutional imaginaries of Europe. They provide critical intellectual histories of particular legal approaches to European integration, and look behind the language of law to reach deeper insights into the contested history and political economy of Europe. They ask us to think about European law differently.



Business And Human Rights Law And Practice In Africa


Business And Human Rights Law And Practice In Africa
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Author : Olawuyi, Damilola S.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-09-06

Business And Human Rights Law And Practice In Africa written by Olawuyi, Damilola S. and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-06 with Law categories.


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.



Investors International Law


Investors International Law
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Author : Jean Ho
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-06-03

Investors International Law written by Jean Ho and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-03 with Law categories.


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.