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1 – 10 of over 2000
Book part
Publication date: 5 December 2007

Sally Engle Merry

This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to…

Abstract

This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, and social relationships: bottom-up lawmaking; transnational legal processes; and global legal pluralism. The idea of bottom-up lawmaking, already discussed, has the strength of beginning from the everyday practices by which problems are solved that lead eventually to the creation of a body of law. However, the phrase bottom-up suggests that this is a grassroots movement, while it is typically cosmopolitan elites who generate the informal rules that become established over time. Explicit attention to the power relationships underlying this process would help to clarify what “bottom-up” means. As Judith Resnick points out, the terms “soft law” and “hard law” are themselves problematic, incorporating gender ideologies and suggesting that some international laws are enforced firmly, which is rarely the case in practice (personal communication).

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Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

Book part
Publication date: 25 October 2021

Dhafer Saidane and Sana Ben Abdallah

The purpose of this chapter is to synthesise research on the concept of sustainable development in finance. Indeed, since the mid-1990s under the leadership of the United Nations…

Abstract

The purpose of this chapter is to synthesise research on the concept of sustainable development in finance. Indeed, since the mid-1990s under the leadership of the United Nations and various non-governmental organisations, sustainable development has experienced an unprecedented boom that affects many areas. This synthesis is organised around two main themes: sustainable finance and fintech/digitalisation.

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Rethinking Finance in the Face of New Challenges
Type: Book
ISBN: 978-1-80117-788-7

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Book part
Publication date: 6 September 2017

Daniel Deak

The essence of the ecological crisis is not that resources are out of reach, but that the relationship between living beings has deteriorated. For this reason, ecology cannot…

Abstract

The essence of the ecological crisis is not that resources are out of reach, but that the relationship between living beings has deteriorated. For this reason, ecology cannot simply be seen as a scientific matter but rather as a genuine social problem that requires social actions.

The law in its present form falls short of managing ecological problems despite the fact that the right to a natural environment is recognized in most jurisdictions as a basic one and that international covenants have been created to protect the natural environment. Environmental law ought to bring about a reverence for life and promote the cooperation of biotic communities. A legal system given to innovation could offer foresight-based regulation, integration of the ensemble of living beings, and cooperation in the living world. One of the main challenges the law has to meet is the exploration of a theoretically established and practically viable basis for extending its influence to address the problems of future generations.

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Integral Ecology and Sustainable Business
Type: Book
ISBN: 978-1-78714-463-7

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Book part
Publication date: 29 August 2017

Antonio Argandoña

Facilitation payments (petty corruption) are small payments to an officer or employee, public or private, who is responsible for a nondiscretionary service, in order to…

Abstract

Facilitation payments (petty corruption) are small payments to an officer or employee, public or private, who is responsible for a nondiscretionary service, in order to facilitate, accelerate, or cheapen a procedure, for example, issuing a passport or connecting a house to a power distribution network. They are widespread in some countries, and are often considered irrelevant, but they have very large negative impacts in generating a culture of corruption, affecting the functioning of public offices or private companies and on costs for citizens. This chapter explains what facilitation payments are, why they are an ethical problem for people who pay and receive them, for companies and for society, and the positioning of the fight against those payments within the overall strategy against corruption.

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The Handbook of Business and Corruption
Type: Book
ISBN: 978-1-78635-445-7

Keywords

Book part
Publication date: 22 December 2016

Giuseppe A. Policaro and Paolo Rossi

CSR is a relatively new concept which can be defined as the set of rules by which a company equips itself in order to ensure compliance to various regulations, as well as ethical…

Abstract

Purpose

CSR is a relatively new concept which can be defined as the set of rules by which a company equips itself in order to ensure compliance to various regulations, as well as ethical and environmental standards, that have to be addressed in relation to the sector in which it operates. Despite this international definition, it is hard to deal with this notion in a legal perspective. The chapter investigates how the notion is operating in the European and Chinese Green Energy Industry.

Methodology/approach

The approach is functionalist in nature and is based on comparative law method.

Practical implications

The insights about the diverse notions of CSR in the energy industry can be useful for lawyers and compliance managers working in transnational contexts.

Social implications

CSR represents a way of marketing for consumers and society. Understanding the real functioning in the world of affairs beyond the policy declamations may increase the public accountability of the CSR processes.

Originality/value

The functionalist approach based on comparative law method has never been applied to the intertwined issues about CSR in the energy industry.

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China and Europe’s Partnership for a More Sustainable World
Type: Book
ISBN: 978-1-78635-331-3

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Book part
Publication date: 13 December 2010

Tineke Lambooy

In the Netherlands, the ‘Tabaksblat Code’ (the Dutch corporate governance code of December) was a semi-private regulation instigated by the Dutch government, the stock exchange…

Abstract

In the Netherlands, the ‘Tabaksblat Code’ (the Dutch corporate governance code of December) was a semi-private regulation instigated by the Dutch government, the stock exchange and industry associations to restore trust in the public equity markets. The aim was ‘to put the relationship between listed companies and providers of capital under the microscope’ in order to establish a new balance with a larger role for the shareholders (Tabaksblat, 2003, p. 59).

Details

Reframing Corporate Social Responsibility: Lessons from the Global Financial Crisis
Type: Book
ISBN: 978-0-85724-455-0

Book part
Publication date: 28 August 2019

Julienne Brabet, Maria-Giuseppina Bruna, Jean-François Chanlat and Florimond Labulle

French Republican Model and ‘laïcité, the French version of secularism’, are supposed to protect the citizens, at work or elsewhere, against any form of discrimination and France…

Abstract

French Republican Model and ‘laïcité, the French version of secularism’, are supposed to protect the citizens, at work or elsewhere, against any form of discrimination and France has a long history of immigration. Ethnical and racial discriminations at work are nevertheless observable towards visible minorities today. People from North African ascendance as well as those from French overseas territories 1 ’ origins are heavily penalized in the job market. Neither direct and indirect laws nor the ‘voluntary initiatives’ introduced by companies seem able to solve this problem at a time when massive unemployment and terrorist Islamic attacks on the French soil are creating a situation of crisis.

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Race Discrimination and Management of Ethnic Diversity and Migration at Work
Type: Book
ISBN: 978-1-78714-594-8

Keywords

Book part
Publication date: 1 July 2024

Bernard Arthur-Aidoo, Princess Naa Kwarkai Quartey, Perry Ransgreg Nunoo and Alex Kwaku Adzinku

Creating our built environment is largely the responsibility of the dynamic and complex construction industry. This business is made up of a wide range of people who work together…

Abstract

Creating our built environment is largely the responsibility of the dynamic and complex construction industry. This business is made up of a wide range of people who work together to construct buildings and infrastructure projects, from contractors and labourers to architects and engineers. Aside from its observable results, the construction sector has a particular culture and atmosphere that are formed by a special fusion of history, creativity and teamwork. The culture and environment in which the construction industry functions are the main topics of this section of the book.

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Breaking Ground
Type: Book
ISBN: 978-1-83549-638-1

Keywords

Book part
Publication date: 9 April 2021

Alan Vogelfanger

Education is a fundamental right that can lift people out of poverty, empower women, safeguard children from exploitative labor and promote democracy. In this sense, the right to…

Abstract

Education is a fundamental right that can lift people out of poverty, empower women, safeguard children from exploitative labor and promote democracy. In this sense, the right to education, which is recognized in several treaties, cannot be separated from the right to an education in human rights. The latter is crucial to the realization of human rights and contributes significantly to achieving equality, tolerance and respect for the dignity of others. Plus, through education in human rights, people would also not become more sympathetic about our differences, but they would also be empowered to demand and exercise their own rights, which will certainly contribute to their observance and implementation. This introductory chapter will explore why education in human rights is one of the most powerful tools to prevent atrocities and to guarantee every person a dignified life. Consequently, it will also argue that it is vital to integrate human rights education into the curriculum and classroom. Furthermore, this chapter will consider the right to receive this kind of education and the State’s obligation to guarantee it. Finally, it will analyze the best ways to teach human rights in higher education through active learning (simulations, discussions, role-play and moot courts).

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International Perspectives in Social Justice Programs at the Institutional and Community Levels
Type: Book
ISBN: 978-1-80043-489-9

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Book part
Publication date: 19 December 2016

Tore Bernt Sorensen

The first decades of the 21st century have witnessed unprecedented global political cooperation directed toward school teachers and the importance of quality education. This…

Abstract

The first decades of the 21st century have witnessed unprecedented global political cooperation directed toward school teachers and the importance of quality education. This chapter discusses the current developments in the global educational policy field with a particular focus on teacher policy and the Organization for Economic Co-operation and Development’s (OECD) program Teaching and Learning International Survey (TALIS). In adopting a critical realist approach and based on a literature review, this chapter provides a synthesis of the governance mechanisms, contexts, and outcomes of TALIS. TALIS is treated as an observable outcome resulting from the actions of an underlying mechanism – information-processing policy instruments – and two contextual conditions. The first contextual condition suggests that there is a predominance of the knowledge-based economy paradigm in the political discourse, linking school teachers to economic growth and competitiveness. The second condition is provided by the consensus that education, notwithstanding technological developments, in the foreseeable future will remain a labor-intensive sector requiring a teacher workforce, as reflected in the representation of diverse interests in the TALIS programme and their commitment to find compromises on teacher policy. We will be able to assess in future decades the extent to which the mechanism will be triggered with regard to TALIS. However, in giving voice to teachers working in different settings, TALIS findings are not easy to reconcile with human capital theory or translate into “best practice” recommendations for teacher policies that can help drive knowledge-based economies.

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The Global Educational Policy Environment in the Fourth Industrial Revolution
Type: Book
ISBN: 978-1-78635-044-2

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