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The book discusses governance, law, and constitutional matters in the context of international corporate constitutional governance. It examines how and why the business world, commercial relations, and company activities have increasingly become subject to legal and constitutional forms of regulation and governance at the international level.
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
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.
This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
This book investigates the consecutive shifts between three types of intermediary institutions in the European context: Corporatist, Neo-corporatist and Governance institutions. It does so by combining insights from European Political Economy; European Integration and governance studies; and, socio-legal studies in the European context.
In Material Politics, author Andrew Barry reveals that as we are beginning to attend to the importance of materials in political life, materials has become increasingly bound up with the production of information about their performance, origins, and impact. Presents an original theoretical approach to political geography by revealing the paradoxical relationship between materials and politics Explores how political disputes have come to revolve not around objects in isolation, but objects that are entangled in ever growing quantities of information about their performance, origins, and impact Studies the example of the Baku-Tbilisi-Ceyhan oil pipeline – a fascinating experiment in transparency and corporate social responsibility – and its wide-spread negative political impact Capitalizes on the growing interdisciplinary interest, especially within geography and social theory, about the critical role of material artefacts in political life
Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.
On August 29th 2005, the headwaters of Hurricane Katrina's storm-surge arrived at New Orleans, the levees broke and the city was inundated. Perhaps no other disaster of the 21st century has so captured the global media's attention and featured in the 'imagination of disaster' like Katrina. The Katrina Effect charts the important ethical territory that underscores thinking about disaster and the built environment globally. Given the unfolding of recent events, disasters are acquiring original and complex meanings. This is partly because of the global expansion and technological interaction of urban societies in which the multiple and varied impacts of disasters are recognized. These meanings pose significant new problems for civil society: what becomes of public accountability, egalitarianism and other democratic ideals in the face of catastrophe? This collection of critical essays assesses the storm's global impact on overlapping urban, social and political imaginaries. Given the coincidence and 'perfect storm' of environmental, geo-political and economic challenges facing liberal democratic societies, communities will come under increasing strain to preserve and restore social fabric while affording all citizens equal opportunity in determining the forms that future cities and communities will take. Today, 21st century economic neo-liberalism, global warming or recent theories of 'urban vulnerability' and resilience provide key new contexts for understanding the meaning and legacy of Katrina.
This handbook pursues an integrated communication approach. Drawing on the various fields of organizational communication and their relevance for CSR, it addresses innovative topics such as big data, social media, and the convergence of communication channels, as well as the roles they play in a successfully integrated CSR communication program. Further aspects covered include the analysis of sector-specific, cross-cultural, and ethical challenges related to the effective communication of CSR. This handbook is unique in its consistent focus on integrated communication. It is of interest not only for the scientific discourse, but will also benefit those corporations that not only seek to operate in a socially responsible manner, but also to communicate their efforts to their various stakeholders. Besides its significant value for researchers and professionals, the book can also be used as a reference for undergraduate and graduate students interested in successful CSR communication.
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Academic and offered as a free PDF download from OUP and selected open access locations. How does governing work today? How does society (mis)handle pressing challenges such as armed violence, cultural difference, ecological degradation, economic restructuring, geopolitical shifts, global pandemics, migration flows, and technological change in ways that are democratic, effective, fair, peaceful, and sustainable? This volume addresses these key questions with reference to the theme of 'polycentrism', i.e. the idea that contemporary governing is dispersed, fluctuating, messy, elusive, and headless. Chapters develop this notion of polycentrism from the perspectives of a broad spectrum of academic disciplines and theoretical approaches, offering comprehensive coverage of exciting new thinking about how today's world is (mis)ruled. The book identifies four paradigms of knowledge about polycentric governing - organizational, legal, relational, and structural - and pursues conversations across the divides that normally keep these approaches within separate research communities. These exceptional inter-paradigm exchanges focus particularly on issues of techniques (how governing is done), power (what forces drive governing), and legitimacy (whether governing is rightful). Comparisons between the multiple perspectives on polycentric governing highlight, and help to clarify, the distinctive emphases, potentials, and limitations of each approach. In addition, various combinations of the different theories generate promising novel avenues of thought about polycentrism. The book will allow readers to develop and refine their own understandings of governing today and hence to become more empowered political subjects.