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Responsible Business: Self-Governance and Law in Transnational Economic Transactions: Oñati International Series in Law and Society

Editat de Olaf Dilling, Martin Herberg, Gerd Winter
en Limba Engleză Paperback – 30 iun 2008
With the globalisation of markets, the phenomenon of market failure has also been globalised. Against the backdrop of the territoriality of nation state jurisdictions and the slow progress of international law based on the principle of sovereignty this poses a serious challenge. However while the legal infrastructure of globalised markets has a firm basis in formal national and international law, the side effects of economic transactions on public goods such as the environment, human health and consumer interests often escape state-based regulation. Therefore, attention is drawn to the potential of self-regulation by transnational industry. While hypotheses abound which try to grasp this phenomenon in conceptual terms, both empirical and legal research is still underdeveloped. This volume helps to fill this gap, in two ways: firstly by reconstructing self-regulatory settings such as multinational corporations, transnational production networks and industry-NGO partnerships in terms of organisation, problem-solving and legitimation, and secondly, by linking their empirical findings to formal law by examining how legal concepts are reflected in self-regulation, how the law builds on self-regulatory solutions, and how it helps to establish favorable conditions for private governance.
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Specificații

ISBN-13: 9781841137803
ISBN-10: 1841137804
Pagini: 376
Dimensiuni: 156 x 234 x 19 mm
Greutate: 0.48 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Oñati International Series in Law and Society

Locul publicării:London, United Kingdom

Caracteristici

Examines the potential of self-regulation by transnational industry in areas such as the environment, human health and consumer interests which often escape state-based regulation.

Notă biografică

Olaf Dilling is research associate at the Collaborative Research Center 'Transformations of the State' at Bremen University.Martin Herberg is senior research fellow at the Collaborative Research Center 'Transformations of the State', Bremen University. Gerd Winter is Professor of Public Law and the Sociology of Law at the University of Bremen Department of Law. He directs the Research Center for European Environmental Law as well as a section of the Collaborative Research Center 'Transformations of the State' at the same university.

Cuprins

Introduction: Private Accountability in a Globalizing WorldOlaf Dilling, Martin Herberg and Gerd WinterPart I: Corporate Responsibility and the Law 1. Global Legal Pluralism and Interlegality. Environmental Self-Regulation in Multinational Enterprises as Global Law-MakingMartin Herberg2. Bridging the Gap - The Legal Potential of Private RegulationCarola Glinski3. Codes of Conduct and Framework Agreements on Social MinimumStandards - Private Regulation? Eva KocherPart II: Standards of Transnational Business Networks and the Law4. Proactive Compliance? - Repercussions of National Product Regulation in Standards of Transnational Business NetworksOlaf Dilling5. Transnational Management of Hazardous Chemicals by Interfirm Cooperation and AssociationsAlexandra Lindenthal6. The New Universe of Green Finance: From Self-Regulation to Multi-Polar GovernanceOren PerezPart III: Consumer based Self-regulation and the Law7. The Social and Technical Self-Governance of PrivacyRalf Bendrath8. Transnational Consumer Law: Co-Regulation of B2C-E-CommerceGralf-Peter Calliess9. Multi-Interest Self-Governance through Global Product Certification Programs Errol Meidinger10. State and private sector in a cooperative regulation: the Forest Stewardship Council and other product labels in BrazilCristiane Derani and José Augusto Fontoura CostaPart IV. Transnational Self-governance in Perspective11. Regulatory networks and Multi-Level global GovernanceSol Picciotto

Recenzii

...a timely, thought-provoking collection that covers a diverse range of topical and problematic subject areas. The editors and authors clearly believe that official and private regulation can work in tandem, enhancing the overall impact of the regulatory aims and present compelling empirical and theoretical evidence to support this belief. It would be an excellent addition to any library seeking to expand not just its regulation and governance titles, but also its international economic, environmental and socio-legal titles.
...a range of fascinating theoretical,doctrinal and empirical insights into the nature of the self-regulatory settings for multinational corporations and transnational economic networks, as well conceptualising the legal significance of self-regulatory arrangements and the conditions under which private governance may flourish...highly recommended to environmental law students, scholars and policy-makers seeking a more sophisticated understanding of the complex and dynamic shifts in national and transnational governance that have increasingly diluted (but certainly not rendered irrelevant) the role of the state and its formal law-making processes. The wealth of case studies and meticulous empirical evidence, combined with high theory, make for a very plausible analysis of one of the most significant trends in environmental and economic governance...a worthwhile addition to nearly any environmental law library.
The text leaves the reader with a well-balanced and structured approach to how businesses should govern themselves and act responsibly in the marketplace; the case studies act as a useful practical tool to reason the law against; and the text is a must-read for any academic or postgraduate student interested in how businesses operate and how to act reponsibly in the marketplace in order to avoid market failure.
Interdisciplinary in its inception and empirical in its approach, the volume draws primarily from sociology, law, and political science to provide a through-provoking and optimistic story about the emergent potential for self-governance and private ordering to produce systems of rules and norms that increasingly-and explicitly-regulate public goods, in the public interest. The book's value is its explicitly interdisciplinary focus on empirical and legal accounts, attempting to ground governance theory in specific examples. As such, it should have wide appeal.

Descriere

The volume combines empirical and legal research to explore the potential of self-regulation by transnational industry.