Networked Governance, Transnational Business and the Law

Author: Mark Fenwick,Steven Van Uytsel,Stefan Wrbka

Publisher: Springer Science & Business Media

ISBN: 3642412122

Category: Law

Page: 313

View: 6127

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This book brings together a unique range of case studies focusing on networks in the context of business regulation. The case studies form the basis for an interdisciplinary dialogue on the meaning, value and the limits of the 'network concept' as a tool for understanding and critically evaluating the emergent transnational legal order.

The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

Author: Mark Fenwick,Mathias M Siems,Stefan Wrbka

Publisher: Bloomsbury Publishing

ISBN: 150991126X

Category: Law

Page: 328

View: 7770

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The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

National Human Rights Action Planning

Author: Azadeh Chalabi

Publisher: Oxford University Press

ISBN: 019255560X

Category: Law

Page: 200

View: 6606

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This book deals with human rights action planning, as a largely under-researched area, from theoretical, doctrinal, empirical, and practical perspectives, and as such, provides the most comprehensive studies of human rights planning to date. At the theoretical level, by advancing a novel general theory of human rights planning, it offers an alternative to the traditional state-centric model of planning. This new theory contains four sub-theories: contextual, substantive, procedural, and analytical ones. At the doctrinal level, by conducting a textual analysis of core human rights conventions, it reveals the scope and nature of the states' obligation to adopt a plan of action for implementing human rights. At the empirical level, a cross-case analysis of national human rights action plans of 53 countries is conducted exploring the major problems of these plans in different phases of planning and uncovering the underlying causes of these problems. At the practical level, this volume sets out how these plans should be developed and implemented, how they can be best monitored by international human rights bodies, and how to maximize their effectiveness. With discussions bridging human rights theory and practice and development discourse, this book will be a useful resource for a wide range of audiences, from academics of different disciplines (law, human rights, social policy, political science, political philosophy, legal philosophy, development studies, planning studies, socio-legal studies) to governments, human rights practitioners, and the UN human rights bodies.

The Small Worlds of Corporate Governance

Author: Bruce Kogut

Publisher: MIT Press

ISBN: 0262300818

Category: Business & Economics

Page: 408

View: 4924

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The financial crisis of 2008 laid bare the hidden network of relationships in corporate governance: who owes what to whom, who will stand by whom in times of crisis, what governs the provision of credit when no one seems to have credit. This book maps the influence of these types of economic and social networks--communities of agents (people or firms) and the ties among them--on corporate behavior and governance. The empirically rich studies in the book are largely concerned with mechanisms for the emergence of governance networks rather than with what determines the best outcomes. The chapters identify "structural breaks"--privatization, for example, or globalization--and assess why powerful actors across countries behaved similarly or differently in terms of network properties and corporate governance. The chapters examine, among other topics, the surprisingly heterogeneous network structures that contradict the common belief in a single Anglo-Saxon model; the variation in network trajectories among the formerly communist countries including China; signs of convergence in response to the common structural breaks in Europe; the growing structural power of women due to gains in gender diversity on corporate governance in Scandinavia; the "small world" of merger and acquisition activity in Germany and the United States; the properties of a global and transnational governance network; and application of agent-based models to understanding the emergence of governance.

Governance of the Illegal Trade in E-Waste and Tropical Timber

Case Studies on Transnational Environmental Crime

Author: Ms Lieselot Bisschop

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472415426

Category: Law

Page: 220

View: 1877

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This book responds to the call for more research on transnational environmental crime and its governance by investigating the illegal trade in electronic waste (e-waste) and tropical timber, major forms of transnational environmental crime. The book is based on a qualitative multi-method research combining document analysis, interviews with key informants and field visits. Bisschop focuses on the flows that pass through the research setting of the Port of Antwerp (Belgium) and those between Europe and West and Central Africa. The study examines the emergence and social organization of these transnational environmental flows, illustrating that although profit or lure play a very important role, a range of factors on individual, organizational and societal levels together provide the motivations and opportunities. Building on these insights, the book addresses the governance of these two cases. The responsive regulatory pyramid and networked governance are used as theoretical frameworks for this analysis. This book is essential reading for scholars and academics interested in transnational environmental crime and corporate crime, as well as governance studies.

The Oxford Handbook of Governance

Author: David Levi-Faur

Publisher: Oxford University Press

ISBN: 0199560536

Category: Business & Economics

Page: 803

View: 6500

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This Oxford Handbook will be the definitive study of governance for years to come. 'Governance' has become one of the most popular terms in contemporary political science; this Handbook explores the full range of meaning and application of the concept and its use in a number of research fields.

Law and Regulation of Aerodromes

Author: Ruwantissa Abeyratne

Publisher: Springer Science & Business Media

ISBN: 3319047809

Category: Law

Page: 272

View: 1156

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This book encapsulates in detail the principles pertaining to legal and regulatory aspects of aerodromes. As the title denotes, it discusses the various aspects of the structure and functioning of an aerodrome and the complexities involved. It focuses on the law and regulation of aerodrome certification and planning, aerodrome services, financial and economic planning, security, management and governance. The airport industry is one of the fastest growing within the aviation industry, requiring innovation and creativity in management. This in turn has called for an increased focus on advanced management programmes for airport managers and lawyers. The Airport Management Professional Accreditation Programme (AMPAP) offered worldwide by the International Civil Aviation Organization and Airports Council International, and the Angkasa Pura II Airport Management Excellence Programme of Indonesia are two such initiatives which give airport professionals a sound grounding on the principles and techniques of management and law.

Networking the Rule of Law

How Change Agents Reshape Judicial Governance in the EU

Author: Cristina Dallara,Daniela Piana

Publisher: Routledge

ISBN: 1317088905

Category: Law

Page: 196

View: 9292

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Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.

Networks and States

The Global Politics of Internet Governance

Author: Milton L. Mueller

Publisher: MIT Press

ISBN: 0262288796

Category: Computers

Page: 320

View: 9195

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When the prevailing system of governing divides the planet into mutually exclusive territorial monopolies of force, what institutions can govern the Internet, with its transnational scope, boundless scale, and distributed control? Given filtering/censorship by states and concerns over national cybersecurity, it is often assumed that the Internet will inevitably be subordinated to the traditional system of nation-states. In Networks and States, Milton Mueller counters this, showing how Internet governance poses novel and fascinating governance issues that give rise to a global politics and new transnational institutions. Drawing on theories of networked governance, Mueller provides a broad overview of Internet governance from the formation of ICANN to the clash at the World Summit on the Information Society (WSIS), the formation of the Internet Governance Forum, the global assault on peer-to-peer file sharing, and the rise of national-level Internet control and security concerns. Internet governance has become a source of conflict in international relations. Networks and States explores the important role that emerging transnational institutions could play in fostering global governance of communication-information policy.

The Power of Networks

Organizing the Global Politics of the Internet

Author: Mikkel Flyverbom

Publisher: Edward Elgar Publishing

ISBN: 0857936468

Category: Computers

Page: 222

View: 3644

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Mikkel Flyverbom s The Power of Networks is a timely and important contribution to the emerging interdisciplinary study of cyberspace politics. In an exceptionally well-written and researched book, Flyberbom employs a form of ethnographic method to uncover the grounded practices that inform the many hybrid forums and entangled authorities of Internet governance. The book will be of interest to those who want a deeper understanding of the complexity and nuance of the many social forces shaping global cyberspace today. Ronald J. Deibert, University of Toronto, Canada Flyverbom presents an original ethnography of the political ordering processes of the digital revolution. He lays bare the relational practices within hybrid global forums in which multiple actors are mobilized to participate, contest, and dialogue. The book makes an important contribution to emergent global politics governing technologies, networks, meanings, and people within the United Nations system. J.P. Singh, Georgetown University, US With an ever-growing number of users, the Internet is central to the processes of globalization, cultural formations, social encounters and economic development. These aside, it is also fast becoming an important political domain. Struggles over disclosure, access and regulation are only the most visible signs that the Internet is quickly becoming a site of fierce political conflict involving states, technical groups, business and civil society. As the debate over the global politics of the Internet intensifies, this book will be a valuable guide for anyone seeking to understand the emergence, organization and shape of this new issue. In this vivid study, Mikkel Flyverbom captures how questions about the digital divide and the information revolution, dialogues with stakeholders, and networked forms of organization have become key features of the global politics of the Internet. Tracing the making and stabilization of this transnational issue in and around the United Nations over almost a decade, this book demonstrates how multi-stakeholder networks make new political domains accessible and unsettle established ways of organizing transnational governance. The Power of Networks offers a rich account of the practices and effects of organizing global politics and governance through dialogues and collaborations between governments, business and societies the world over. Offering a novel analytical vocabulary for the study of ordering, governance and organization, this innovative ethnographic study of hybrid organizations and entangled forms of power in global politics shows how insights from actor-network theory and the Foucauldian governmentality literature can reinvigorate studies of transnational governance and organizational processes.

Rough Consensus and Running Code

A Theory of Transnational Private Law

Author: Gralf-Peter Calliess,Peer Zumbansen

Publisher: Bloomsbury Publishing

ISBN: 1847318045

Category: Law

Page: 382

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Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

The Oxford Handbook of Political Networks

Author: Jennifer Nicoll Victor,Alexander H. Montgomery,Mark Lubell

Publisher: Oxford University Press

ISBN: 0190695595

Category: Political Science

Page: 752

View: 8420

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Networks are omnipresent in our natural and social world, and they are at the heart of politics. Relationships of many types drive political institutions, processes, and decision-making. Therefore, it is imperative for the study of politics to include network approaches. Already, these approaches have advanced our understanding of critical questions, such as: Why do people vote? How can people build problem-solving coalitions? How can governments and organizations foster innovations? How can countries build ties that promote peace? What are the most fruitful strategies for disrupting arms or terrorist networks? This volume is designed as a foundational statement and resource. The contributions offer instruction on network theory and methods at both beginner and advanced levels, as well as an assessment of the state-of-the-discipline on a variety of applied network topics in politics. Through this dynamic collection of essays, The Oxford Handbook of Political Networks elucidates how the field is transforming and what that means for the future of political science.

Knowledge Actors and Transnational Governance

The Private-Public Policy Nexus in the Global Agora

Author: D. Stone

Publisher: Springer

ISBN: 1137022914

Category: Political Science

Page: 222

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Diane Stone analyses the role of experts shaping global policy via transnational knowledge networks which help create new spaces of public sector activity.

International Law and the Third World

Reshaping Justice

Author: Richard Falk,Balakrishnan Rajagopal,Jacqueline Stevens

Publisher: Routledge

ISBN: 113407025X

Category: Law

Page: 288

View: 2271

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This volume is devoted to critically exploring the past, present and future relevance of international law to the priorities of the countries, peoples and regions of the South. Within the limits of space it has tried to be comprehensive in scope and representative in perspective and participation. The contributions are grouped into three clusters to give some sense of coherence to the overall theme: articles by Baxi, Anghie, Falk, Stevens and Rajagopal on general issues bearing on the interplay between international law and world order; articles highlighting regional experience by An-Na’im, Okafor, Obregon and Shalakany; and articles on substantive perspectives by Mgbeoji, Nesiah, Said, Elver, King-Irani, Chinkin, Charlesworth and Gathii. This collective effort gives an illuminating account of the unifying themes, while at the same time exhibiting the wide diversity of concerns and approaches.

The Evolution of Global Internet Governance

Principles and Policies in the Making

Author: Roxana Radu,Jean-Marie Chenou,Rolf H. Weber

Publisher: Springer Science & Business Media

ISBN: 364245299X

Category: Law

Page: 198

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The volume explores the consequences of recent events in global Internet policy and possible ways forward following the 2012 World Conference on International Telecommunications (WCIT-12). It offers expert views on transformations in governance, the future of multistakeholderism and the salience of cybersecurity. Based on the varied backgrounds of the contributors, the book provides an interdisciplinary perspective drawing on international relations, international law and communication studies. It addresses not only researchers interested in the evolution of new forms of transnational networked governance, but also practitioners who wish to get a scholarly reflection on current regulatory developments. It notably provides firsthand accounts on the role of the WCIT-12 in the future of Internet governance.

Regulating Global Corporate Capitalism

Author: Sol Picciotto

Publisher: Cambridge University Press

ISBN: 1139502913

Category: Law

Page: N.A

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This analysis of how multi-level networked governance has superseded the liberal system of interdependent states focuses on the role of law in mediating power and shows how lawyers have shaped the main features of capitalism, especially the transnational corporation. It covers the main institutions regulating the world economy, including the World Bank, the IMF, the WTO and a myriad of other bodies, and introduces the reader to key regulatory arenas: corporate governance, competition policy, investment protection, anti-corruption rules, corporate codes and corporate liability, international taxation, avoidance and evasion and the campaign to combat them, the offshore finance system, international financial regulation and its contribution to the financial crisis, trade rules and their interaction with standards especially for food safety and environmental protection, the regulation of key services (telecommunications and finance), intellectual property and the tensions between exclusive private rights and emergent forms of common and collective property in knowledge.

Europe and the Management of Globalization

Author: Wade Jacoby,Sophie Meunier

Publisher: Routledge

ISBN: 1317986180

Category: Political Science

Page: 176

View: 7897

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European politicians often speak of their efforts to 'manage globalization.' At one level, this is merely a rhetorical device to make globalization more palatable to citizens and prove that policy-makers are still firmly in control of their country’s fate. This volume argues that the advocacy of managed globalization goes beyond rhetoric and actually has been a primary driver of major European Union (EU) policies in the past twenty years. The EU has indeed tried to manage globalization through the use of five major mechanisms: 1) expanding policy scope 2) exercising regulatory influence 3) empowering international institutions 4) enlarging the territorial sphere of EU influence, and 5) redistributing the costs of globalization. These mechanisms are neither entirely novel, nor are they always effective but they provide the contours of an approach to globalization that is neither ad hoc deregulation, nor old-style economic protectionism. The recent financial crisis may have seemed initially to vindicate the European efforts to manage globalization, but it also represented the limits of such efforts without the full participation of the US and China. The EU cannot rig the game of globalization, but it can try to provide predictability, oversight, and regularity with rules that accommodate European interests. This book was based on a special issue of Journal of European Public Policy.

Transnational Legal Orders

Author: Terence C. Halliday

Publisher: Cambridge University Press

ISBN: 1107069920

Category: Law

Page: 536

View: 8775

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"This book offers an empirically grounded theory that reframes the study of law and society from a predominantly national context, which dichotomizes the study of international law and national compliance into a dynamic perspective that places national, international, and transnational lawmaking and practice within a coherent single frame. By presenting and elaborating on a new concept, transnational legal orders it offers an original approach to the emergence of legal orders beyond nation-states. It shows how they originate, where they compete and cooperate, and how they settle on institutions that legally order fundamental economic and social behaviors that transcend national borders. This original theory is applied and developed by distinguished scholars from North America and Europe in business law, regulatory law and human rights"--

Rules Without Rights

Land, Labor, and Private Authority in the Global Economy

Author: TIM. BARTLEY,Tim Bartley

Publisher: Oxford University Press

ISBN: 0198794339

Category: Business & Economics

Page: 368

View: 2972

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Activists have exposed startling forms of labor exploitation and environmental degradation in global industries, leading many large retailers and brands to adopt standards for fairness and sustainability. This book is about the idea that transnational corporations can push these standards through their global supply chains, and in effect, pull factories, forests, and farms out of their local contexts and up to global best practices. For many scholars and practitioners, this kind of private regulation and global standard-setting can provide an alternative to regulation by territorially-bound, gridlocked, or incapacitated nation states, potentially improving environments and working conditions around the world and protecting the rights of exploited workers, impoverished farmers, and marginalized communities. But can private, voluntary standards actually create meaningful forms of regulation? Are forests and factories around the world actually being made into sustainable ecosystems and decent workplaces? Can global norms remake local orders? This book provides striking new answers by comparing the private regulation of land and labor in democratic and authoritarian settings. Case studies of sustainable forestry and fair labour standards in Indonesia and China show not only how transnational standards are implemented 'on the ground' but also how they are constrained and reconfigured by domestic governance. Combining rich multi-method analyses, a powerful comparative approach, and a new theory of private regulation, Rules without Rights reveals the contours and contradictions of transnational governance. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and Walter Mattli of the University of Oxford.