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This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Business Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law. This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policy makers and regulators.
"Eighteenth-century sensibilite has always been controversial. In fact, the term itself refers to complex forms of physical and emotional responsiveness, and Lewis's study investigates the fictional exploration of various key problems of sentimental response that were at the heart of eighteenth-century moral, epistemological and aesthetic debates. These are analysed in conjunction with some of the actual (often emotional) responses that the term, its fictions and images have provoked through time, including an indispensable survey of the varying construction of sensibilite as an object of study, and the polemics subtending its definition. The verbal evocation of the visual in the form of 'spectacles' and 'signs' was understood in the eighteenth century as having an especially powerful impact. Lewis provides a new reading of the theme of sensibility by analysing the 'textual images' in three best-selling novels from the mid-century: Graffigny's Lettres d'une Peruvienne, Marivaux's La Vie de Marianne and Rousseau's Julie. The examination of a largely neglected corpus of illustrations, understood as readings of each text, provides striking new evidence of the complexity, thematic richness and duplicity of these spectacles, whose power to provoke different reactions is perhaps their most interesting characteristic."