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This chapter presents a review about the history of how China’s environmental legal framework was built up.

The chapter explores environmental legal framework development through two paths: political path and the associated judicial path. It tries to connect the political slogans of China, under each leadership since the “Opening Up” in 1978, to the legislative development on environmental issues.

Regardless of each leadership’s political slogans, China’s economic reform and legislative development had always revolved around the objective – “revive China and its economy in the world,” which had been set by Deng Xiaoping. The “sustainable development,” that as a guiding principle, has already been incorporated into Five-Year Plans as well as China’s environmental legislation since economic reform.

Compared with previous research on this area, the pragmatical approach of this investigation confirms the originality of the research. Literature on this topic, in fact, hardly investigates China’s environmental issue by combining the analysis of the political and the legal perspectives.

The purpose of this paper is to offer scholars an analytical framework to identify what the fundamental choices are in the definition of diversity (the what), in the motivation for diversity within organisations (the why), and in diversity policy as an organisational strategy (the how). It also hopes to stimulate diversity professionals to reflect upon the underlying assumptions of their policies and, if needed, provide inspiration as to how to align them towards a more coherent approach.

Academic contributions from political, social and management theory on diversity and diversity policy are analyzed on their conceptual coherence to identify important research gaps and construct an analytical framework that can serve to fill these gaps.

Although increasing societal diversity challenges many organisations to change and facilitate diversity within their structures, defining diversity and diversity policy is an uncommon habit both in the professional practice and in academic studies, while this definition influences the scope and validity of research results and can have a considerable impact on the practical consequences of diversity initiatives. The few studies in this field tend to be quantitative and jump to explanations for differences. The proposed analytical framework contains fundamental choices in the definition of diversity (the selection, interpretation, and categorization of modes of differentiation), the motivation for diversity within organisations (the desired base of difference is individual or collective, and arguments are moral or practical), and the diversity policy approach (the intensity is high or low, and the relevance of collective difference is high or low).

A theoretical exploration of the concept of diversity and diversity policy draws on sources from three distinct disciplines that have not been combined in such a way before, resulting in a new analytical framework that facilitates theory building and policy learning on the topic.

The purpose of this paper is to present a methodology for incubating business ideas in rural communities in Portugal. The work provides an example of a bottom‐up approach to rural entrepreneurship.

The paper analyses case study of an entrepreneurial support organisation conceived and used in rural European regions and aiming at local development through entrepreneurial boost.

Although the methodology for incubating business ideas was adapted from a similar situation in France, its originality comes from the description of how the awareness of local specificities requires a calibration of the framework.

The case study is the outcome of a pioneering study of incubation of business ideas in rural areas. Further research needs to be taken in order to claim generalisability of these findings to other less favoured target groups.

The incubation of business ideas can be used to encourage local development in declining rural regions. It is important to calibrate the framework used to the local/regional reality.

Apart from being innovative in providing a supportive entrepreneurial infrastructure with mentoring people‐based support in the creation of new firms in rural areas, it is also a nation‐wide entrepreneurial service innovation.

Understanding of the factors that contribute to policies diverging from neoliberal norms and accounting for situations when social movement activists prevail over the interests of more powerful opponents requires an analytical framework specifying the dimensions of interest. The case of Brazil’s pharmaceutical policies, especially those dealing with HIV/AIDS, is considered.

To understand the space and limits for progressive agency amidst contemporary globalization, previous articulations of dependent development and global capitalism require conceptual space with insights from social movement theory and normative framing.

Control over technology, political alliances, and normative appeals have changed since the concept of dependent development to today’s contemporary neoliberal globalization for understanding cases of progressive agency. Technology is based more on intangible knowledge, activism across the state-society boundary is more likely, and human rights has become the dominant idiom for naming and shaming more powerful opponents.

The analytic framework developed informs our understanding of pharmaceutical autonomy – the ability of a country to provide for the prescription drug needs of its population – in the case of Brazil. Further research of other situations requires the application of the framework to determine its merits.

A focus on technology, alliances, and norms provides a useful starting point for exploring situations of development autonomy that prevails over the interests of corporate power.

The purpose of this paper is to examine the supervening loss of inter-organisational trust in long-term commercial contracts. The underlying research question is whether contract law – the legal institution regulating economic exchanges – should intervene and enable a party to a long-term commercial contract to extricate itself from a situation where a relationship of trust has broken down irretrievably.

This paper uses doctrinal methodology and theoretical conceptualisation to answer the underlying research question. The legal instrument chosen for analysis purposes is the UNIDROIT Principles of International Commercial Contracts. This paper also draws on extant literature on inter-organisational trust (including conceptual and empirical studies) to support the arguments and propositions. Furthermore, this study proceeds to assess the substantive justifiability of the proposed remedial measure using four normative values: legal certainty and predictability, protection of the performance interest, economic efficiency and the preservation of the relation.

The central argument put forward in this paper is the reformulation of draft Article 6.3.1 proposed by the UNIDROIT Working Group on Long-Term Contracts, which confers a novel right to terminate for a compelling reason. This paper presents a multidimensional model of inter-organisational trust that would serve as the conceptual framework for the proposed reformulation of the provision and establishes a coherent juridical basis for the legal solution that would accord with the Principles of International Commercial Contracts’ general remedial scheme. As for the normative assessment, this paper demonstrates that the proposed remedial measure would significantly promote efficient outcomes and positively serve the norms of legal certainty, protection of the performance interest and the preservation of the relation.

This paper addresses the lacuna in current legal scholarship in relation to the adverse socio-economic effects following trust violation and deterioration in inter-organisational relationships. Additionally, the propositions and findings should contribute to the workings of the UNIDROIT in adopting new rules and principles that would serve the special requirements of cross-border trade.

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were to be attributed to the collective agreement, this would mean that no rights or obligations whatsoever would be created between the parties to it. This is not so in practice. It is of course a fact that no legally enforceable rights and obligations normally accrue, and as already indicated, those are moral ones and are only enforceable in honour, i.e. a gentleman's agreement. Nevertheless, this does not necessarily mean that the collective agreement has no juridical significance. Even agreements which are binding in honour only, as for example the kind of agreement found in Balfour v. Balfour, have a known juridical nature. Furthermore, though the collective agreement is only binding in honour, its incorporation into the individual contract of employment makes its terms legally enforceable even though recourse to the courts is seldom had. As a source of rights and obligations of considerable importance the collective agreement must therefore have some juridical significance and cannot remain entirely in the realms of society.

This study aims to investigate the legal consequences of the use of force majeure (FM) clause in a contract related to the prospect of business sustainability. In addition, this paper also examines the legal risk perspective toward the interpretation of FM clauses in contracts that incorporate the coronavirus disease 2019 (COVID-19) pandemic situation.

The research design in this paper uses the normative juridical method, which means that it is carried out with library research on secondary data in the field of law, in the form of primary and secondary legal materials and tertiary legal materials. Primary legal materials are in the form of regulations relating to the variable topics of this paper, namely, FM, COVID-19, contracts and legal risk management (LRM).

The study found that studies of FM are still limited in terms of the aspects of contract sustainability, and none has reviewed them using the LRM paradigm.

Given the fact that this pandemic is still ongoing and uncertain, the extent to which the broadening of the interpretation of FM in the contract by the parties and how much the designs offered above can help the parties, will greatly depend on the commitment of the parties. However, if the orientation is to maintain a long-term business relationship, it still fulfills the essence of a win–win solution that will greatly assist the parties in determining the continuity of the contract.

The results of this study are expected to provide benefit to the parties in an agreement affected by the COVID-19 outbreak and by regulators who wish to provide a legal basis in contract law.

Long-term business relationships will create sound, peaceful and conducive environment for modern business. This kind of situation will sustain the business as expected.

This study concludes that the interpretation of FM can be extended to accommodate the interests of the parties to the contract by considering several principles in contract law and other relevant clauses. In addition, this study also produced four essential designs for LRM oriented to long-term business relationships in a win–win solution.

This paper aims to introduce a new integrated strategic framework entitled, “The corporate identity, total corporate communications, stakeholders’ attributed identities, identifications and behaviours continuum” and elucidates the central and strategic importance of corporate identity apropos corporate communications, corporate image, attributed stakeholder identifications and resultant behaviours. The strategic importance of corporate identity is noted. The continuum incorporates a variety of disciplinary/theoretical perspectives.

The paper/framework is informed by corporate marketing and strategic perspectives; legal theory of the firm; social identity branch theories; and stakeholder theory. The effects and management of corporate identity are seen as a continuum. The framework accommodates Tagiuri’s (1982) scholarship on corporate identity.

This paper formally introduces and explicates “The corporate identity, total corporate communications, stakeholders’ attributed identities, identifications and behaviours continuum”. Corporate identity management is an on-going strategic senior management/strategic requisite. Notably, the legal theory of company law – routinely overlooked – and its impact on corporate identity management is accepted, acknowledged and accommodated. The importance of stakeholders and stakeholder identification (a derivative of social identity theory) is underscored.

Via the explication of the continuum, managers can comprehend the nature and importance of corporate identity; appreciate that corporate identity adaptation/change is on-going; comprehend its interface/s with corporate communications, stakeholder attributed identities, identifications and the business environment; understand the need for on-going fidelity to an institution’s legally based core purposes and corporate identity traits (juridical identity); cognise the efficacy of constant stakeholder and environmental analysis. Corporate identity sustainability requires corporate identity to be advantageous, beneficial, critical, differentiating and effectual. Stakeholder prioritisation is not solely dependent on power, legitimacy and urgency but on legality, efficacy, ethicality and temporality.

The resultant framework/approach, therefore, aims to make a meaningful advance on the territory and, moreover, seeks to be of utility to scholars and practitioners of corporate marketing, strategy and company law. Arguably, therefore, the framework is more ambitious than extant framework on the domain. The resultant framework/approach, therefore, aims to make a meaningful advance on the territory and seeks to be of utility to scholars and practitioners of corporate identity, communications, images, identification, stakeholder theory, company law and, importantly, corporate strategy.

As the Syrian civil war winds down, the massive reconstruction of the devastated cities has become a recurring subject of political and scientific discussions. A crucial question pervades all these debates: is the current legal framework adequate for confronting the reconstruction challenges in an effective way? With the purpose of understanding and informing the question, this study aims to analyze the most important legal instrument for the Syrian urban reconstruction, Law 10/2018.

A functional analysis of the legal text and of its effective implementation is provided. Following a doctrinal legal approach, internal inconsistencies are highlighted, as well as possible “legal gaps” that might allow and favor instances of disrespect of the rule of law and regulatory capture.

The main hypotheses discussed are, first, from a descriptive-analytical perspective, that the neoliberal trend in the Syrian political economy underpins the legal framework for the Syrian reconstruction. Second, from a design perspective, that, while offering a strong mechanism for disciplining the Syrian urban planning, Law 10/2018 does not warrant a scenario of respect of the rule of law and seems too easy prey for regulatory capture.

While the most recent and prominent legal instrument aimed to frame Syrian post-war reconstruction, Law 10/2018, has been subject to multiple policy analyzes and critiques, these have focused almost exclusively on its presumed warchitecture dimension, lacking contextual depth and, most worryingly, ignoring any kind of doctrinal legal analysis. Setting the Law 10/2018 in its legal context is something that has not been done yet, even if, according to their own ontology, legal provisions have to be understood within the context of the legal system they are inserted in. This paper delves into the subject, analyzing the legal text, its juridical context and the way it has been interpreted by the administrative decision-maker while looking at instances where the axiological goals constitutionally proclaimed and legally enshrined might be prevented by the very regulatory configuration.

This chapter investigates and explores the array of political and social factors which influence the Chinese system of environmental protection, shedding light on the Chinese political and juridical process in constructing a stricter and more incisive legal framework.

Starting by observing national macroeconomic data, this chapter explores how the Chinese governance system affects the implementation of the legal framework of environmental protection. In addition, it also traces a brief panorama of the most important laws framing environmental protection in China.

Over the years, the Chinese environmental protection system has been strongly affected by the national multilayered governance system. Nevertheless, the initiative launched by China (more intensively starting from the 11th five-year plan) to build a more virtuous environmental protection system now seems to be returning positive results, in both the renewed legal framework and – even more so – in the attempt (through addressing environmental issues) to reform the entire apparatus of national governance.

The multi-structured national system, which hides conflicting political and economic interests at central and local levels, represents one of the biggest problems for China. This chapter argues that only through a deep reform of the national management scheme can China really guarantee a better future for its environment.

Literature on Chinese environmental protection tends more often to investigate the legal aspect when edifying its environmental legal framework. Very few studies combine economic data and political analysis when studying the Chinese legal framework and its implementation.