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From agriculture to sport and from climate change to indigenous rights, transnational regulatory regimes and actors are multiplying and interacting with poorly understood effects. This interdisciplinary book investigates whether, how and by whom transnational business governance interactions (TBGIs) can be harnessed to improve the quality of transnational regulation and advance the interests of marginalized actors.
This ambitious volume explores the politics of recent changes in corporate governance regulation and the transnational forces driving the process. Corporate governance has in the 1990s become a catchphrase of the global business community. The Enron collapse and other recent corporate scandals, as well as growing worries in Europe about the rise of Anglo-Saxon finance, have made issues of corporate governance the subject of political controversies and of public debate. The contributors argue that the regulation of corporate governance is an inherently political affair. Given the context of the deepening globalization of the corporate world, it is also increasingly a transnational phenomenon. In terms of the content of regulation the book shows an increasing reliance on the application of market mechanisms and a tendency for corporations themselves to become commodities. The emerging new mode of regulation is characterized by increasing informalization and by forms of private regulation. These changes in content and mode are driven by transnational actors, first of all the owners of internationally mobile financial capital and their functionaries such as coordination service firms, as well as by key public international agencies such as the European Commission. The Transnational Politics of Corporate Governance Regulation will be of interest to students and researchers of international political economy, politics, economics and corporate governance.
Globalization involves a profound re-ordering of our world with the proliferation everywhere of rules and transnational modes of governance. This book examines how this governance is formed, changes and stabilizes. Building on a rich and varied set of empirical cases, it explores transnational rules and regulations and the organizing, discursive and monitoring activities that frame, sustain and reproduce them. Beginning from an understanding of the powerful structuring forces that embed and form the context of transnational regulatory activities, the book scrutinizes the actors involved, how they are organized, how they interact and how they transform themselves to adapt to this new regulatory landscape. A powerful analysis of the modes and logics of transnational rule-making and rule-monitoring closes the book. This authoritative resource offers ideal reading for all academic researchers and graduate students of governance and regulation.
Outsourcing state functions and the limits of existing regulatory regimes -- Contract as transnational regulatory governance -- The emergence of a transnational private regime for the regulation of PMSCs -- Conclusion -- Notes -- References -- 14. Conclusion: Empire through contract: A private international law perspective -- Abstract -- Introduction -- Self-constituting regimes: Private international law's libertarian view of contract -- Possible antidotes: From the undiscovered DNA of contract law to new global forms of legal pluralism -- Notes -- References -- Index
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
"Regulation by public and private organizations can be hijacked by special interests or small groups of powerful firms, and nowhere is this easier than at the global level ... This is the first book to examine systematically how and why such hijacking or 'regulatory capture' happens, and how it can be averted."--P. [iv] of cover.
Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.
This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
'How and why do transnational regulatory bodies emerge? How do they acquire the authority and confidence to be actors in their own right? These questions preoccupy scholars in many disciplines and Sebastian Botzem's The Politics of Accounting Regulation makes an important contribution to the debates. Focusing on the case of the International Accounting Standards Board over a critical period of its development including the financial crisis Botzem addresses its evolution as an organization which produces accounting standards and whose efforts to be outside politics are inevitably and irredeemably political in nature. This book is essential reading for sociologists, political scientists, accountants and anyone else interested in the organization of global governance.' Michael Power, London School of Economics, UK The financial crisis underlines the relevance of accounting standards as much more than instrumental rules for corporate reporting. This important book outlines the accounting standards that embody societal and professional values and contribute to the distribution of financial benefits that put international harmonization of standards into the limelight. Sebastian Botzem reveals that international standards have emerged after decades of contest and political bargaining which resulted in closely aligned standards, voluntary consultation procedures and a network structure comprising actors mainly stemming from global auditing firms, regulators and international organizations.
'Transnational Environmental Governance provides both an excellent overview of the issues to be taken into account in studying voluntary certification systems, and an effective in-depth study of the forestry and fishing cases. . . highly effective as a treatment of environmental certification, and as a starting point for the study of the phenomenon.' – J. Samuel Barkin, Global Environmental Politics 'This is a well-written and accessible book, offering a nuanced analysis of the emergence, organisation, and effectiveness of certification programs in forests and fisheries. This book is recommended to practitioners, students, and researchers interested in certification of forests and fisheries. I think it could also be useful to those with a general interest in environmental governance, as it offers valuable lessons from this empirical analysis of two of the most advances cases of (allegedly) nonstate governance.' – Erik Hysing, Environment and Planning C: Government and Policy 'This book provides a timely contribution to both academic and policy debates by examining the processes and mechanisms of the emergence and proliferation of non-state governance schemes, specifically comparing forest and fisheries certification. The empirical evidence challenges conventional wisdom by showing that political and public regulatory frameworks are essential in the implementation of certification programs. This is highly recommended reading when discussing to what extent – and how – non-state transnational governance schemes can solve the problems they were intended for.' – Katarina Eckerberg, Umeå University, Sweden 'Transnational Environmental Governance provides a comprehensive and insightful analysis of the emergence and effects of certification schemes as novel mechanisms of environmental policy-making beyond traditional intergovernmental cooperation. Gulbrandsen's multi-level study will be highly useful for scholars, practitioners and graduate students who seek to advance their understanding of private rulemaking at both national and global levels. The book is highly recommended.' – Frank Biermann, Vrije Universiteit, Amsterdam, the Netherlands 'A comprehensive and highly informative analysis of two of the most important examples of non-state governance mechanisms that have emerged to address the shortcomings of government environmental regulation. This book's theoretical framework and detailed case-studies represent an important contribution to our understanding of the accomplishments and limitations of certification programs to advance corporate social responsibility.' – David Vogel, University of California, Berkeley, US 'Incisive and nuanced, Transnational Environmental Governance significantly advances our understanding of the capacity of certification to influence the environmental behaviour of corporations and consumers. Lars Gulbrandsen's subtle analysis leaves us with an innovative toolbox to explain when and why voluntary certification programs succeed – or fail – to strengthen environmental governance. It is essential reading for anyone wanting a more accurate way to evaluate the growing number of non-state certification programs.' – Peter Dauvergne, University of British Columbia, Canada In recent years a wide range of non-state certification programs have emerged to address environmental and social problems associated with the extraction of natural resources. This book provides a general analytical framework for assessing the emergence and effectiveness of voluntary certification programs. It focuses on certification in the forest and fisheries sectors, as initiatives in these sectors are among the most advanced cases of non-state standard setting and governance in the environmental realm. Paying particular attention to the Forest Stewardship Council and the Marine Stewardship Council, the author examines how certification initiatives emerged, the politics that underlie their development, their ability to influence producer and consumer behavior, and the broader consequences of their formation and spread. The analysis of the certification of forests and fisheries offers a wealth of insights from which to better understand the capacity of non-state governance programs to ameliorate global environmental problems. Containing a detailed review of the direct effects and broader consequences of forest and fisheries certification, this book will be warmly welcomed by scholars of environmental politics and corporate social responsibility, as well as practitioners involved in non-state certification programs throughout the world.