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Non State Regulatory Regimes

Non State Regulatory Regimes Author Myriam Senn
ISBN-10 3642423124
Release 2014-10-14
Pages 318
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Non-State Regulatory Regimes explores how the concept of regulation continues to evolve. The focus is placed on those forms of regulation that are different from state regulation or present alternatives to state regulation. Departing from an analysis of the goals and policies of the traditional regulatory state, the emergence of ‘regulation by other means’ is examined. The approach is interdisciplinary encompassing various perspectives be they legal, political, international relations-based, economic, or sociological. The task of comprehending non-state regulation is a daunting one. To date, a number of essays already exist, which concentrate on specific aspects of the issue. In comparison to these essays, this study is innovative in that it applies a holistic view. Linking public policy approaches to regulation, it draws a theoretical path to understanding the emergence and persistence of non-state jurisdictional assertions and regulatory regimes.



Outsourcing the Law

Outsourcing the Law Author Pauline Westerman
ISBN-10 9781785365027
Release 2018
Pages 208
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Not only can services such as cleaning and catering be outsourced, but also governmental tasks such as making, applying and enforcing the law. Outsourcing the law is usually recommended for its cost-efficiency, flexibility, higher rates of compliance and its promise of deregulation. However, lawmaking is not the same as cleaning and rules are more than just tools to achieve aims. In this timely book, Pauline Westerman analyses this outsourcing from a philosophical perspective.



Reconceptualising the Rule of Law in Global Governance Resources Investment and Trade

Reconceptualising the Rule of Law in Global Governance  Resources  Investment and Trade Author Photini Pazartzis
ISBN-10 9781509901784
Release 2016-06-30
Pages 520
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The relevance and importance of the rule of law to the international legal order cannot be doubted and was recently reaffirmed by the Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Level's solemn commitment to it on behalf of states and international organizations. In this edited collection, leading scholars and practitioners from the fields of global governance, resources, investment and trade examine how the commitment to the rule of law manifests itself in the respective fields. The book looks at cutting-edge issues within each field and examines the questions arising from the interplay between them. With a clear three-part structure, it explores each area in detail and addresses contemporary challenges while trying to assure a commitment to the rule of law. The contributions also consider how the rule of law has been or should be reconceptualised. Taking a multi-disciplinary approach, the book will appeal to international lawyers from across the spectrum, including practitioners in the field of international investment and trade law.



Comparative Law

Comparative Law Author Mathias Siems
ISBN-10 9781316865453
Release 2018-04-12
Pages
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Comparative Law offers a thorough grounding in the subject for students and scholars of comparative law alike, critically debating both traditional and modern approaches to the subject and using examples from a range of legal systems gives the reader a truly global perspective. Covering essential academic debates and comparative law methodology, its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law. This new edition: is fully revised and updated throughout to reflect contemporary research, contains more examples from many areas of law and there is also an increased discussion of the relevance of regional, international, transnational and global laws for comparative law. Suitable for students taking courses in comparative law and related fields, this book offers a fresh contextualised and cosmopolitan perspective on the subject.



Environmental Law and Economics

Environmental Law and Economics Author Klaus Mathis
ISBN-10 9783319509327
Release 2017-04-26
Pages 538
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This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.



Routledge Handbook of Corporate Law

Routledge Handbook of Corporate Law Author Roman Tomasic
ISBN-10 9781317662167
Release 2016-11-10
Pages 285
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The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo–American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.



Regulatory Theory

Regulatory Theory Author Peter Drahos
ISBN-10 9781760461027
Release 2017-02-23
Pages 783
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This volume introduces readers to regulatory theory. Aimed at practitioners, postgraduate students and those interested in regulation as a cross-cutting theme in the social sciences, Regulatory Theory includes chapters on the social-psychological foundations of regulation as well as theories of regulation such as responsive regulation, smart regulation and nodal governance. It explores the key themes of compliance, legal pluralism, meta-regulation, the rule of law, risk, accountability, globalisation and regulatory capitalism. The environment, crime, health, human rights, investment, migration and tax are among the fields of regulation considered in this ground-breaking book. Each chapter introduces the reader to key concepts and ideas and contains suggestions for further reading. The contributors, who either are or have been connected to the Regulatory Institutions Network (RegNet) at The Australian National University, include John Braithwaite, Valerie Braithwaite, Peter Grabosky, Neil Gunningham, Fiona Haines, Terry Halliday, David Levi-Faur, Christine Parker, Colin Scott and Clifford Shearing.



Transnational Legal Ordering and State Change

Transnational Legal Ordering and State Change Author Gregory C. Shaffer
ISBN-10 9781107026117
Release 2012-11-26
Pages 251
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Leading law and society scholars apply an empirically grounded approach to the study of transnational legal ordering and its effects within countries.



Pluralism by Design

Pluralism by Design Author George Hoberg
ISBN-10 0275941264
Release 1992-01-01
Pages 240
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The rise of social regulation and the advent of public interest movements during the 1960s and 1970s led to a significant change in policy outcomes as the influence of governmental actors and political activists increased at the expense of business. Recently, this policy system has come under harsh attack as a result of changing economic conditions, extensive lobbying by business, and the election of presidents openly hostile to the American regulatory state. By focusing on two specific areas, pesticide regulation and air pollution control, this study describes and explains policy changes by examining recent controversies in the context of empirical political theory.



Business Regulation and Non State Actors

Business Regulation and Non State Actors Author Ananya Mukherjee Reed
ISBN-10 9781136459368
Release 2013-06-17
Pages 336
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This volume assesses the achievements and limitations of a new set of non-state or multistakeholder institutions that are concerned with improving the social and environmental record of business, and holding corporations to account. It does so from a perspective that aims to address two limitations that often characterize this field of inquiry. First, fragmentation: articles or books typically focus on one or a handful of cases. Second, the development dimension: what does such regulation imply for developing countries and subaltern groups in terms of well-being, empowerment and sustainability? This volume examines more than 20 initiatives or institutions associated with different regulatory and development approaches, including the business-friendly corporate social responsibility (CSR) agenda, ‘corporate accountability’ and ‘fair trade’ or social economy.



The Politics of Welfare State Transformation in Germany

The Politics of Welfare State Transformation in Germany Author Christof Schiller
ISBN-10 9781317227403
Release 2016-04-20
Pages 294
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How can we best analyse contemporary welfare state change? And how can we explain and understand the politics of it? This book contributes to these questions both empirically and theoretically by concentrating on one of the least likely cases for welfare state transformation in Europe. It analyzes in detail how and why institutional change has taken Germany’s welfare state from a conservative towards a new work-first regime. Christof Schiller introduces a novel analytical framework to make sense of the politics of welfare state transformation by providing the missing link: the capacity of the core executive over time. Examining the policy making process in labour market policy in the period between 1980 and 2010, he identifies three different policy making episodes and analyses their interaction with developments and changes in such policy areas as pension policy, family policy, labour law, tax policy and social assistance. The book advances existing efforts aimed at conceptualizing and measuring welfare state change by proposing a clear-cut conceptualization of social policy regime change and introduces a comprehensive analysis of the transformation of the welfare-work nexus between 1980 and 2010 in Germany. This book will be of interest to students and scholars of social policy, comparative welfare state reform, welfare politics, government, governance, public policy, German politics, European politics, political economy, sociology and history.



Current Transformations and their Potential Role in Realizing Change in the Arab World

Current Transformations and their Potential Role in Realizing Change in the Arab World Author The Emirates Center for Strategic Studies and Research
ISBN-10 9948008731
Release 2007-07-15
Pages 522
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Since the start of the new millennium, Arab countries have been affected by the US-led 'war on terror' and the pressures exerted by the US administration, which calls for political reforms and the spreading of democracy in the Middle East as part of its counter-terrorism campaign. In addition, Arab nations are experiencing the repercussions arising from the invasion of Iraq and the rebuilding of its political system. Along with these external effects, these countries are concurrently witnessing internal developments represented by the growing power of political Islam and the rise of popular movements and civil society organizations demanding democracy, freedom and human rights. In the context of these sociopolitical changes underway in the Arab world, it is vital to have an understanding of the dynamics, complexities and obstacles involved in spreading democracy in the region. This book examines the role of Arab political institutions, the influence of non-governmental organizations in furthering change and progress and the role played by the forces of political Islam in the process of transformation. Other matters closely related to the issue of modernization in Arab countries are also discussed, such as the importance of education as a basis for change and the potential role of Arab women in the field of development. Thus, the book contributes to the growing internal discussion on the issues of change, reform and modernization, which will shape the form and future of communities in the Arab world.



Understanding Industrial Transformation

Understanding Industrial Transformation Author Xander Olsthoorn
ISBN-10 9781402044182
Release 2006-02-21
Pages 226
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When facing momentous societal change, such as the transformation to a sustainable world, the sciences must impress their importance upon the public and convince scientific and policy institutions in order to obtain the means to carry out their mission. This book represents the first attempt to integrate disciplinary views on the topic of transformation towards sustainability.



The Transformation of University Institutional and Organizational Boundaries

The Transformation of University Institutional and Organizational Boundaries Author Emilia Primeri
ISBN-10 9789463001786
Release 2015-11-02
Pages 242
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An emerging issue in higher education studies is that of boundaries crossing. This is the main topic of the book “The transformation of University institutional and organizational boundaries”. Several signals of shifting boundaries can be envisaged in higher education and research institutions which could be glimpsed through organizations, the institutions and changes to the academic profession. That of boundaries crossing in Higher Education is a complex and heterogeneous issue, which characterizes scientific knowledge today and represents a key issue when looking at University transformations across contexts and policies, instruments and practices. The analysis of boundaries supplies interpretative frameworks for the interactions between the development of professions and disciplines, as well as the relationships of the science with various parts of society such as state, professionals and the market. Fuelling further the discussion on HEIs transformations allows capturing changes in the function, objectives and scope of higher education and research institutions, the move beyond sectoral and disciplinary boundaries and the increasingly blurred boundaries of academic professions and of scientific work. Public policies and HE reforms can push or impede the mentioned transformations but they can also derive from individual likelihood of moving in blurring spaces or from the transformations of the epistemic communities and the emergence of new fields and sectors. Hence, changes are there, open to our observations.



Capitalism without Democracy

Capitalism without Democracy Author Kellee S. Tsai
ISBN-10 9780801462351
Release 2015-01-26
Pages 288
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Over the past three decades, China has undergone a historic transformation. Once illegal, its private business sector now comprises 30 million businesses employing more than 200 million people and accounting for half of China's Gross Domestic Product. Yet despite the optimistic predictions of political observers and global business leaders, the triumph of capitalism has not led to substantial democratic reforms. In Capitalism without Democracy, Kellee S. Tsai focuses on the activities and aspirations of the private entrepreneurs who are driving China's economic growth. The famous images from 1989 of China's new capitalists supporting the students in Tiananmen Square are, Tsai finds, outdated and misleading. Chinese entrepreneurs are not agitating for democracy. Most are working eighteen-hour days to stay in business, while others are saving for their one child's education or planning to leave the country. Many are Communist Party members. "Remarkably," Tsai writes, "most entrepreneurs feel that the system generally works for them." Tsai regards the quotidian activities of Chinese entrepreneurs as subtler and possibly more effective than voting, lobbying, and protesting in the streets. Indeed, major reforms in China's formal institutions have enhanced the private sector's legitimacy and security in the absence of mobilization by business owners. In discreet collaboration with local officials, entrepreneurs have created a range of adaptive informal institutions, which in turn, have fundamentally altered China's political and regulatory landscape. Based on years of research, hundreds of field interviews, and a sweeping nationwide survey of private entrepreneurs funded by the National Science Foundation, Capitalism without Democracy explodes the conventional wisdom about the relationship between economic liberalism and political freedom.



Public Policy in International Economic Law

Public Policy in International Economic Law Author Diane Desierto
ISBN-10 9780191026485
Release 2015-02-19
Pages 432
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.



Gender Families and State

Gender  Families  and State Author Jyl J. Josephson
ISBN-10 0847683729
Release 1997
Pages 210
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This examination of the relationship between families and the state uses child support policy as a lens of analysis. It presents the origins, evolution and organization of federal child support policies and shows how some policies expand government and social control over the beneficiaries.