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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

The purpose of this article is to discuss the role that law plays for corporate social responsibility (CSR) in substance, action and reporting, including whether CSR functions as informal law.

The theoretical point of departure is based in legal science. Through a discussion of various contexts of CSR in which law and legal standards feature, the article questions the conception that CSR is to do “more than the law requires”. CSR is discussed with the triple bottom line as a point of departure, focussing on social (esp. labour and human rights) and environmental dimensions.

It is argued that CSR functions as informal law, and that important principles of law function as part of a general set of values that guide much action on CSR. Furthermore, it is argued that aspects of law in the abstract as well as in the statutory sense and as self‐regulation influence the substance, implementation and communication of CSR, and that the current normative regime of CSR in terms of demands on multinational corporations may constitute pre‐formal law.

Through its discussion, observations and examples of the role played in CSR by law in the abstract as well as the statutory sense, by international, supranational and national soft and hard law and documents, and by public regulation as well as corporate self‐regulation, the paper is of value to corporate managers, public regulators, NGOs and individuals with an interest in CSR, including as an aspect of corporate governance.

This chapter on terrorism prevention provides the reader with an overview of the various terrorist prevention organizations within the United States at the federal, state, and local levels. It is divided into two different sections, the first providing a detailed description of various federal agencies involved in terrorism prevention and an overview of how state and local agencies fit within the federal framework. The second section of this chapter describes various efforts to integrate these disparate organizations into a cohesive effort to prevent terrorism activities. This chapter concludes with some suggestions for future consideration to help with the overall terrorism prevention effort.

The purpose of this paper is to contrast the historical rise of the managerial function and its reception in law. It thus contributes to the debates on the separation of ownership and control, by showing that managers were never recognized in law. As a result, the managerial function was not protected in law.

This paper brings together management history and the history of UK company law to study the emergence of management in the early twentieth century and the law’s response. The authors bring new historical evidence to bear on the company law reforms of the second half of the twentieth century and, in particular, on the changes inspired by the Cohen Committee report of 1945.

Scientific progress and innovation were important rationales for the emergence of managerial authority. They implied new economic models, new competencies and wider social responsibilities. The analysis of this paper shows that these rationales have been overlooked by company law. The lack of conceptualization of the management in law allowed reforms after 1945 that gave shareholders greater influence over corporate strategy, reducing managerial discretion and the scope for innovation.

This paper focuses on the UK. Further research is needed to confirm whether other countries followed a similar path, both in terms of the emergence of management and in terms of the law’s approach.

This paper is the first, to the authors’ knowledge, to examine the law’s historical approach to management. It calls for a reappraisal of the status of managers and the way corporate governance organizes the separation of ownership and control.

Cyberbullying – using technology to intentionally and repeatedly engage in bullying behaviors – has gained considerable public attention over the last decade. Parents and educators regularly instruct students about appropriate online behaviors and threaten consequences for misbehaviors. The role and responsibility of law enforcement officers in preventing and responding to cyberbullying incidents remains uncertain. While clear violations of the law (e.g. threats of physical harm) most directly implicate the police, other – more common behaviors – such as rumor spreading or hurtful online commenting do not. The paper aims to discuss this issue.

The current study surveyed 1,596 law enforcement supervisors attending the Federal Bureau of Investigation’s National Academy (NA) program. The survey instrument assessed perceptions of law enforcement responsibility in cyberbullying incidents. Data were collected in three waves over a nine-year period, allowing the measurement of attitudinal changes over time.

The authors find that certain officer characteristics are associated with a greater interest in responding to different types of cyberbullying (including having children at home and having previous experience dealing with cyberbullying) and that these perceptions have evolved over time.

The data are specific to law enforcement leaders who participated in the NA and are therefore not generalizable to all officers. Nevertheless, implications for explaining variance and law enforcement involvement in cyberbullying incidents are discussed.

This is the first study to survey law enforcement leaders over time to assess their evolving perceptions of law enforcement’s role in addressing cyberbullying among youth.

This paper aims to propose a legal characterisation of the recent proliferation, across the broad range of global environmental good governance initiatives and practices, of a diverse mix of regulatory environmental standards, many of which are informal in origin insofar as they are neither State-driven nor State-centred. It examines the novel conception of legal order posited by Twinning and Walker, to determine whether it encompasses the myriad rules and standards emerging in the field of environmental governance.

Surveying the rapidly developing montage of formal and informal rules and standards associated with global environmental governance, this paper uses the analytical framework provided by scholars of “global administrative law” to reconcile the complementary roles of formal and informal sources of legal rules, and to explain their increasing convergence around a set of good governance principles and standards commonly used in national administrative law systems.

The paper concludes that the emerging regulatory framework for global environmental governance comprises an almost endless variety of forms of novel transnational regulatory activity, many succeeding in having a profound impact on environmental outcomes. Yet all appear to be founded upon and guided by a discrete set of good governance standards and principles of an administrative law character – including transparency, participation, legality, rationality, proportionality, reviewability and accountability – which serve to enhance the credibility and legitimacy of each regulatory mechanism.

It appears that new and informal forms of environmental regulatory activity enjoy a complex symbiotic relationship with formal systems of environmental law. In addition to filling lacunae and addressing deficiencies in such systems, owing, for example, to the transnational character of much of today’s trade, informal regulatory systems are increasingly influencing the evolution of formal legal frameworks and, in so doing, are improving the responsiveness, flexibility and accessibility of this new environmental “legal order”.

At a practical level, viewing the wide range of new forms of environmental regulatory activity through the prism of global administrative law (or global environmental law) brings unity to this diverse field and, in so doing, makes available to all the actors involved in this “community of practice” a wealth of established practice and principle which can help to inform the elaboration and interpretation of rules and standards of environmental governance through a process of cross fertilisation of ideas and approaches.

Recognition of the legal character and significant role of the wide range of novel forms of environmental regulatory activity lends further credibility and legitimacy to such mechanisms, which often comprise the only truly relevant and applicable environmental controls or truly accessible mode of redress and accountability. The challenges of realising sustainability are immense and, as one leading commentator has noted, “all normative means are useful to this end”.

This paper attempts to characterise the legal nature of the range of novel forms of environmental regulation which (can) play such an important role in modifying the behaviour of many of the key environmental actors globally – actors who have largely been unaffected by more formal legal frameworks. For this reason, it seeks to encourage a fundamental shift in the way we think about environmental law and legal authority.

This paper aims to examine how the law may play a role in mediation by paying special attention to how the law is excluded from and included in the process of court mediation in China.

Hundred model court mediation cases selected by the Supreme People’s Court of China were analysed and reviewed.

The law is relevant in Chinese-style court mediation in four ways: first, judge-mediators are intended to use mediation to avoid resolving legal difficulties or challenges; second, judge-mediators consult the law to anticipate the losing party and the potential negative effects that might result from the adjudication; third, judge-mediators refer to the law to propose a mediation scheme or plan to guide the parties to settle; and fourth, judge-mediators would use the law as a bargaining chip in various ways to induce the parties to settle.

Standards should be set out for the use of law in the mediation process to standardise judge-mediators’ actions, to ensure that the law is not used coercively to push settlement, which would undermine the parties’ self-determination in mediation.

This paper provides an original understanding of how law affects the process, the outcomes and, ultimately, the nature of settlements that parties achieve through court mediation in China. This study contributes to the literature that argues that ethical norms and legal standards should be set to direct those legal evaluations.