1,721,156 research outputs found
Gralf-Peter Calliess and Peer Zumbansen, Rough consensus and running code. A theory of transnational private law , Oxford, Hart Publishing, 2010
No full textGiraudeau Géraldine. Gralf-Peter Calliess and Peer Zumbansen, Rough consensus and running code. A theory of transnational private law , Oxford, Hart Publishing, 2010. In: Annuaire français de droit international, volume 56, 2010. p. 1035
Günther Handl, Joachim Zekoll and Peer Zumbansen (eds), Beyond territoriality. Transnational legal authority in an age of globalization, Leiden, Martinus Nijhoff Publishers, 2012
No full textCollin Charlotte. Günther Handl, Joachim Zekoll and Peer Zumbansen (eds), Beyond territoriality. Transnational legal authority in an age of globalization, Leiden, Martinus Nijhoff Publishers, 2012. In: Annuaire français de droit international, volume 58, 2012. pp. 993-994
Gralf-Peter Calliess and Peer Zumbansen, Rough consensus and running code. A theory of transnational private law , Oxford, Hart Publishing, 2010
No full textGiraudeau Géraldine. Gralf-Peter Calliess and Peer Zumbansen, Rough consensus and running code. A theory of transnational private law , Oxford, Hart Publishing, 2010. In: Annuaire français de droit international, volume 56, 2010. p. 1035
Reshaping markets: economic governance, the global financial crisis and liberal utopia
No full textUsing an interdisciplinary approach, this book explains the role of private law in governing markets
Beyond Territoriality: The Case of Transnational Human Rights Litigation
Get PDFCases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. The law of transnational civil litigation [TCL] emerged with the US American decision in Filartiga in 1980 and perhaps culminated in the US Supreme Court's Decision in Sosa v. Alvarez-Machain in 2004. TCL has become a laboratory for our inquiry into the relationship between laws that were developed within and for the nation-state on the one hand and an increasingly globalized political and legal human rights discourse, on the other. As such, TCL is a case in point for the dramatically changing nature of norm-creation, law, and law enforcement in an era of globalization.law; fundamental/human rights; sovereignty; globalization
What Philosophers Can Learn from Non-Philosophers about the Concept of Law
Get PDFspeaker: Brian Tamanaha St. John’s Universityrespondents:Michael Giudice York Philosophy, and Peer Zumbansen Osgood
Varieties of Capitalism and the Learning Firm: Corporate Governance and Labour in the Context of Contemporary Developments in European and German Company Law
Get PDFResearch in corporate governance and in labour law has been characterized by a disjuncture in the way that scholars in each field are addressing organizational questions related to the business enterprise. While labour has eventually begun to shift perspectives from aspirations to direct employee involvement in firm management, as has been the case in Germany, to a combination of 'exit' and 'voice' strategies involving pension fund management and securities litigation, it remains to be seen whether this new stream will unfold as a viable challenge to an otherwise exclusionary shareholder value paradigm. At the same time, recent suggestions made by Delaware Chancery Court Vice Chancellor Strine, to dare think about potentially shared commitments between management and labour - and UCLA's Stephen Bainbridge's response - underline the viability - and, the contestedness - of attempts at moving the corporate governance debate beyond the confines of corporate law proper. While such a wider view had already famously been encouraged by Dean Clarke in his 1986 treatise on Corporate Law (p. 32), mainstream corporate law does not seem to have endorsed this perspective. This paper takes the questionable divide between management and labour within the framework of a limiting corporate governance concept as starting point to explore the institutional dynamics of the corporation, hereby building on the theory of the innovative enterprise, as developed by management theorists Mary O'Sullivan and William Lazonick. Largely due to the sustained distance between corporate and labour law scholars, neither group has effectively addressed their common blind spot: a better understanding of the business enterprise itself. In midst of an unceasing flow of affirmations of the finance paradigm of the corporation on the one hand and 'voice' strategies by labour on the other, it seems to fall to management theorists to draw lessons from the continuing co-existence of different forms of market organization, in which companies appear to thrive. Exploring the conundrum of 'risky' business decisions within the firm, management theorists have been arguing for the need to adopt a more sophisticated organizational perspective on companies operating on locally, regionally and transnationally shaped, often highly volatile market segments. Research by comparative political economists has revealed a high degree of connectivity between corporate governance and economic performance without, however, arriving at such favourable results only for shareholder value regimes. Such findings support the view that corporate governance regimes are embedded in differently shaped regulatory frameworks, characterized by distinct institutions, both formal and informal, and enforcement processes. As a result of these findings, arguments to disassociate issues of corporate governance from those of the firm's (social) responsibility [CSR] have been losing ground. Instead, CSR can be taken to be an essential part of understanding a particular business enterprise. It is the merging of a comparative political economy perspective on the corporation with one on the organizational features, structures and processes of the corporation, which can help us better understand the distribution of power and knowledge within the 'learning firm'.Corporate Governance, organizational theory, innovative enterprise, learning firm, employee involvement, corporate social responsibility, European/German corporate governance
The rule of law, legal pluralism, and challenges to a Western-centric view: Some very preliminary observations
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