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Globale Internet Governance und Völkerrecht: Anforderungen an staatliche und nicht-staatliche Akteure bei der grenzüberschreitenden Regulierung des Internets
by David HamburgerDie Regulierung des Internets, häufig auch als Internet Governance bezeichnet, erfolgt gegenwärtig durch eine Vielzahl sowohl privater als auch staatlicher Akteure. Zugleich ist es eine der drängendsten Herausforderungen mit Blick auf die Zukunft des Internets, den ständigen Prozess des Wandels und der Fortentwicklung dieses Mediums regulatorisch zu begleiten und einzuhegen. Dies wirft die Frage auf, welchen Regelungen und Vorschriften Regulierungsmaßnahmen unterliegen, die auf das Internet abzielen. Da aufgrund der entgrenzten Natur des Internets einer Regulierungsmaßnahme praktisch stets eine grenzüberschreitende und damit internationale Dimension zukommt, lässt sich dies jedoch nicht allein anhand nationaler Rechtsvorschriften beantworten. Stattdessen ist hierfür ein Rückgriff auf das Völkerrecht angezeigt. Der Band soll einen Beitrag dazu leisten, die Bedeutung des Völkerrechts für die globale Internet Governance zu ermitteln.
Globalisation and Agricultural Landscapes: Change Patterns and Policy Trends in Developed Countries
by Jørgen Primdahl Simon SwaffieldWhilst agricultural landscapes are products of the local ecosystem and community in which they are situated, they are becoming increasingly affected by the same global issues, and are converging under the dynamics of globalisation. Combining landscape ecological research and an examination of relevant public policy, this book investigates the dynamic relationship between agricultural landscapes and the global change processes, such as urbanisation, by which they are being transformed. Landscape change is analysed in the context of biophysical patterns, market dynamics, and specific public policy frameworks, through a series of case studies from different OECD countries spanning Europe, Asia Pacific and North America. Particular emphasis is placed upon the way that landscapes are changing under differing policies of agricultural subsidy including the EU Common Agricultural Policy. This is an ideal resource for graduate students and researchers in landscape ecology and agriculture as well as policy analysts working in the agricultural sector.
Globalisation and Governance: International Problems, European Solutions
by Robert SchützeWhile it might have been viable for states to isolate themselves from international politics in the nineteenth century, the intensity of economic and social globalisation in the twenty-first century has made this impossible. The contemporary world is an international world - a world of collective security systems and collective trade agreements. What does this mean for the sovereign state and 'its' international legal order? Two alternative approaches to the problem of 'governance' in the era of globalisation have developed in the twentieth century: universal internationalism and regional supranationalism. The first approaches collective action problems from the perspective of the 'sovereign equality' of all States. A second approach to transnational 'governance' has tried to re-build majoritarian governmental structures at the regional scale. This collection of essays wishes to analyse - and contrast - the two types of normative and decisional answers that have emerged as responses to the 'international' problems within our globalised world.
Globalisation and the Quest for Social and Environmental Justice: The Relevance of International Law in an Evolving World Order
by Shawkat AlamThere are few topics as controversial as globalisation. It is meant to bring economic growth and solve a range of social, cultural and humanitarian problems. However, there are significant debates in relation to the extent that the reality of globalisation reflects this idealized vision. In particular, globalisation has produced a highly interdependent world, rendering state boundaries meaningless and challenging the ideology and limits of certain areas of international law. This book will provide the opportunity to address some of the multifaceted issues provoked by the issue of globalisation. The book is an exploration of the intricate nexus that emerges as a result of globalisation, inextricably linking together issues of international law, human rights, environmental law and international trade law. Bringing together a number of experts in the field, the book focuses on the areas of social justice and environmental justice, and explores the links that exists between the two and the effect of globalisation on these areas. A variety of topics are addressed throughout the chapters of this book – including biodiversity, the law of the sea, biotechnology, child labour, the rights of women, corporate social responsibility, terrorism and counter-terrorism, water resources, intellectual property rights and the role of non-government organisations. As globalisation has many facets and actors, the contributions to the book engage with interdisciplinary research to deal with the various challenges identified, and critically explore both the potential of globalisation as a vehicle of sustainable and equitable development.
Globalisation Impacts: Countries, Institutions and COVID19 (International Law and the Global South)
by Amitendu PalitThe book reviews globalisation by identifying causes behind the discontent it has produced in recent years. It variously engages in economics, political economy, development and policy discourses to study experiences of countries and institutions in managing and adjusting to globalisation. Extending the analysis to latest global developments, including the remarkable advance of technology and digitalisation, and political and economic upheavals caused by COVID19, the book collects varied academic perspectives and reflects on the present as well as future. Comprising chapters written by distinguished academics and policy experts, the book is a rare collection of cross-disciplinary objective evaluations of globalisation.
Globalisation in Transition: Human and Economic Perspectives
by Umair Ghori Mary Hiscock Louise Parsons Casey WattersThis book brings together diverse ideas on selected facets of globalisation and transitions in globalisation. The scholars that have contributed to this book examine the phenomenon of globalisation through varied lenses, focusing specifically on the human and economic perspectives. These analyses originate in many areas and different legal systems but are all connected through the work of Professor John Farrar and the associations of the contributors with him. This book does not attempt to provide answers to the many challenges of globalisation. Instead, this book discusses selected, particular aspects of globalisation that derive from and are connected to the authors’ own research. The thematic diversity of this book is a true strength and should draw a broad range of readers. Whilst this book is primarily written from a legal angle, its content overlaps with broader specialised policy areas, with contributions ranging from taxation to ageing, from insolvency to social licences, and from refugees to the treatment of first nations people. In short, there is something for everyone in this book. As a tribute to the life’s work of an outstanding legal scholar, Professor John Farrar, this book explores legal responses to the social and economic impacts of globalisation. After personal acknowledgments from colleagues highlighting the significance of his scholarship, this book is divided into two parts. The first part addresses the social impact of globalisation, focusing on immigration and the impact on First Nations people. Changes in the regulation of medicine and technologies related to ageing are also addressed in this part. In part two, the book addresses the transitioning corporate law landscape and notions of fairness and good faith in the law. The final part contains the conclusions, reflections and synthesis of the editors.
The Globalisation of Corporate Governance: The Challenge of Clashing Cultures
by Adrian DaviesThe structure of corporate governance has made significant progress in OECD countries but it remains imperfectly linked to the activities of many businesses. Its advance on the global stage will be hesitant and slow until its practice in OECD countries is more consistent and convincing. Weaknesses in corporate governance and law enforcement are impeding the investment needed to build the global economy to its full potential. The Globalisation of Corporate Governance: The Challenge of Clashing Cultures, explores the challenges of making corporate governance effective for all participants in a global economy. The tasks of: o
The Globalisation of Urban Governance: Legal Perspectives On Sustainable Development Goal 11 (Cities and Global Governance)
by Helmut Philipp Aust Anél Du PlessisThe adoption of the Sustainable Development Goals (SDGs) by the UN General Assembly in 2015 represents the latest attempt by the international community to live up to the challenges of a planet that is out of control. Sustainable Development Goal 11 envisages inclusive, safe, resilient and sustainable cities around the world by the year 2030. This globally agreed vision is part of a trend in international policy toward good urban governance, and now awaits implementation. Fourteen original contributions collectively examine how this global vision has been developed on a conceptual level, how it plays out in various areas of (global) urban governance and how it is implemented in varying local contexts. The overarching hypothesis presented herein is that SDG 11 proves that local governance is recognised as an autonomous yet interrelated part of the global pursuit of sustainable development. The volume analyses three core questions: How have the normative ideals set forth in SDG 11 been developed? What are the meanings of the four sub-goals of SDG 11 and how do these relate to each other? What does SDG 11 imply for urban law and governance in the domestic context and how are local processes of urban governance internationalised? The Globalisation of Urban Governance makes an important scholarly contribution by linking the narrative on globalisation of good urban governance in various social sciences with legal discourse. It considers global governance and connects the existing debate about cities and their place in global governance with some of the most pertinent questions that lawyers face today.
Globalised Resistance and the Bring Back Our Girls Movement: New Dimensions of Transnational Activism (Routledge Studies in Peace, Conflict and Security in Africa)
by Titilope F. AjayiThis book uncovers how women’s movements in the Global South are changing the face of transnational activism in their mobilisations against militarism and conflict-related gender violence.Drawing on the case study of the Bring Back Our Girls (BBOG) movement established by Nigerian women for the rescue of Nigerian schoolgirls abducted in 2014 by violent extremist group Boko Haram, the book argues that BBOG is one of several emerging forms of transnational resistance in Africa that are breaking old moulds and forging new directions for social movements globally. The book argues that current research on social movements focuses too much on professional advocacy by formal civil society organisations and networks in the Global North. In doing so, it misses the increasingly spontaneous, mass-based protests initiated and led by Global South actors grounded in Global South contexts. Unpacking the workings of the BBOG movement, both internationally and regarding on-the-ground daily struggles in Nigeria, the book highlights their considerable implications for the practice and study of international politics.This book is an important read for researchers of international relations, decolonisation, social movements, and transnational human rights activism. Activists and leaders of social movements will also find the policy implications highlighted by the book useful.
Globalisierung des deutschen Umwandlungssteuerrechts: Neuer Anlauf durch das KöMoG (BestMasters)
by Miles WeberMiles Weber analysiert die Auswirkungen des Gesetzes zur Modernisierung des Körperschaftsteuerrechts (KöMoG) auf das deutsche UmwStG und überprüft dieses im Hinblick auf seine Europarechtskonformität. Dabei wird zunächst auf die zunehmende Internationalisierung des Umwandlungsrechts durch das SEStEG und anschließend durch das KöMoG eingegangen. Die Aufhebung des § 1 Abs. 2 UmwStG im Rahmen des KöMoG führt zu einem globalen Anwendungsbereich des UmwStG für Kapitalgesellschaften, wohingegen § 1 Abs. 4 UmwStG ausschließlich neu formuliert wurde und Personengesellschaften in Drittstaaten deshalb weitgehend von der Anwendung des UmwStG ausgeschlossen sind. Diese Änderungen werden anhand ausgewählter Fallbeispiele in einen praktischen Kontext eingebettet und es wird aufgezeigt, welche globalen Umstrukturierungsmöglichkeiten nunmehr durch das KöMoG geschaffen werden, aber auch welche bis dato nicht steuerneutral möglich sind. Die dadurch gewonnenen Erkenntnisse bilden die Grundlage für die anschließende kritische Würdigung, in der anhand der Darlegung der Besteuerungsgrundsätze der EU wesentliche Problemfelder des UmwStG aufgedeckt werden.
Globalization and Common Responsibilities of States (The International Library of Essays on Globalization and Law)
by Koen De FeyterThere is a growing awareness that international law insufficiently protects common global interests and that States and non-State actors need to work together to protect global aims. The focus of this book is on the different fields of international law where there is a need for global cooperation to achieve common aims, for example: the law of the sea; protection of world cultural heritage; sustainable development, biological diversity and climate change; human rights; and international crimes. The volume also identifies the legal developments which have taken place, for example treaties which use the language of ’common heritage of mankind’ or ’common concern of humanity’, thereby identifying global concerns and reflecting a global set of values and interests independent of the interests of States.
Globalization and Corporate Citizenship: A Collection of Seminal Essays
by Malcolm McIntoshThe theory and practice of corporate citizenship and CSR have many alternative perspectives to the business-as-usual gaze. The essays in this volume encapsulate the essence of these alternative ideas and embrace the idea that progressive ways and means of this century do not lie in mainstream capitalist thinking. These pieces ask critical questions about the way we see the relationship between capitalism, business models and society – a subject not often discussed in non-academic literature. Globalization and Corporate Citizenship: The Alternative Gaze features contributions and new analysis from Klaus M. Leisinger, Chris Laszlo, David Coopperrider, Simon Zadek, Sandra Waddock and others. This title is one of a two-volume set – a collection of seminal and thought-provoking essays, drawn from the Journal of Corporate Citizenship’s archive, accompanied by new analysis and reflection from the original authors. Written by some of the most widely recognized academic and business pioneers and leaders of the corporate responsibility and global sustainability movement, the volumes make essential reference texts for anyone interested in the radically awakening new global political economy.
Globalization and Human Rights
by Jesús Ballesteros Encarnación Fernández Ruiz-Gálvez Pedro TalaveraGlobalisation turns out to be untenable because it does not guarantee minimum social equity, peace and respect for the environment, and therefore does not guarantee the effective accomplishment of human rights. This book analyzes this issue and raises proposals for a new perspective. The first part describes the soft threats to human rights, derived from the devaluation of the politics and the productive economy with regard to the finance. It entails the concealment of the reality in the shape of exploitation as the tax havens and in the shape of marginalization of the persons with different abilities. The second part include a study of hard threats to human rights and examines two cases of failed states: Afghanistan and Somalia, in which the violence has supplanted the politics and the economy. In view of these situations it is necessary to rethink the force of classic ius gentium and the humanitarian right. The third part presents the European Union as a legal and political space in which conditions of a worthy life are better defended by means of the Primacy of Practical Reason and Social State of Law, and by the requirement of peace as the main rule of international relations.
Globalization and Institutional Adjustment: Federalism as an Obstacle?
by Axel H�lsemeyerCombining the disciplines of international political economy, public sector economics and comparative politics, this stimulating book debates whether federalism obstructs institutional adjustment under conditions of a globalized economy, or whether this depends upon the extent to which a given political system is centralized. Axel Hülsemeyer analyzes the ratification of the Single European Act and the Maastricht Treaty, and contrasts these with the implementation of the bilateral free trade agreement between the United States and Canada as well as the NAFTA. Preferential trade agreements themselves are conceptualized as the state response to economic globalization.
Globalization and Intellectual Property (The International Library of Essays on Globalization and Law)
by Alexandra GeorgeIntellectual property laws have become intricately entwined with discussions about globalization. This volume deals with the politics, economics and effects of global intellectual propertization. It provides essays covering key issues including the international relations of global intellectual propertization, the TRIPS Agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of post-colonial neo-imperialism, globalization's effects on intellectual property law's classic doctrines and rationales and the cultural effects of global intellectual propertization.
Globalization and International Investment (The International Library of Essays on Globalization and Law)
by Fiona BeveridgeThis volume brings together a broad range of articles on international law and foreign investment which together provide a contemporary overview of the diverse range of issues and perspectives which continue to exercise policy-makers and scholars alike. Central to this collection is the tension between market-oriented reforms on the one hand, raising issues of market access and protection of investors, and corporate social responsibility discourses on the other, raising concerns about environmental protection and respect for human and labour rights. Regional perspectives on these issues reveal differing priorities and approaches.
Globalization and New International Public Works Agreements in Developing Countries: An Analytical Perspective
by Mohamed A.M. IsmailThis book scrutinizes the new legal nature and stipulations of International Public Works Agreements and provides an in-depth analysis of new forms of infrastructure agreements which have been created in developing countries, such as PPPs. The volume also examines the direct impact of the new legal environment upon infrastructure transactions such as dispute resolutions and ADR mechanisms, in particular, arbitration. It provides an analytical perspective on international public works agreements in developing states in the light of ICC rules of arbitration and FIDIC forms of contracts. As globalization significantly influences le contrat administratif in civil law legal culture, this book examines the legal cultures of civil and common law from a comparative perspective. The author argues that harmonization and integration of the two cultures, in infrastructure agreements, are the way forward. The book will be a fundamental guide for researchers and academics working in this area as well as judges, lawyers and international arbitrators in both common law jurisdictions and civil law legal systems.
Globalization and Regulatory Character: Regulatory Reform after the Kader Toy Factory Fire (Routledge Revivals)
by Fiona HainesOriginally published in 2005. Uniting critical debates on globalization with those on regulation, this book provides an innovative account of the fate of safety regulation in the face of global pressures. The author addresses the key question of whether globalization is making safety standards better or worse. She analyzes the diverse strands of globalization that threaten safety standards and examines the measures that hold potential for beneficial change. Regulatory character, a theoretical model that captures local economic, political and cultural influence developed in the work, sheds light on how and why regulation and safety standards do or do not change in the face of a crisis. The theoretical work is grounded and illuminated by research on the Thai government's response to the Kader fire, set in the rapidly industrializing context of Southeast Asia. Theoretically rigorous and empirically rich, the book has critical contemporary social relevance. It demonstrates a diverse theoretical heritage (embracing Weber, Douglas and Christopher Hood amongst others) that critically and productively engages with research and policy making to raise safety standards.
Globalization and Sovereignty
by Jean L. CohenSovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.
Globalization, Competitiveness, and Governability: The Three Disruptive Forces of Business in the 21st Century
by Ricardo Ernst Jerry HaarThis book argues that three powerful symbiotic forces (globalization, competitiveness, and governability) are disrupting business in the 21st century, resulting in an impact on the economic and business environment far greater than the effects of any of these three individually. Both globalization and competitiveness are governed essentially by market forces that force the introduction of significant changes aimed at increasing efficiency so that a better use may be made of the advantages of globalization (i.e., the traditional “invisible” hand). Responsibility for bringing about these changes lies not only with the private sector but also with the government (i.e., the “visible” hand). Readers will find in this book an explanation of how globalization, competitiveness, and governability define the context of global business.
Globalization, Environmental Law, and Sustainable Development in the Global South: Challenges for Implementation (Routledge Explorations in Environmental Studies)
by Kirk W. JunkerThis volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.
The Globalization of Corporate Governance
by Alan Dignam Michael GalanisThe process of economic globalization, as product and capital markets have become increasingly integrated since WWII, has placed huge, and it is argued by some, irresistible pressures on the world's 'insider' stakeholder oriented corporate governance systems. Insider corporate governance systems in countries such as Germany, so the argument goes, should converge or be transformed by global product and capital market pressures to the 'superior' shareholder oriented 'outsider' corporate governance model prevalent in the UK and the US. What these pressures from globalization are, how they manifest themselves, whether they are likely to cause such a convergence/transformation and whether these pressures will continue, lie at the heart of the exploration in this volume. The Globalization of Corporate Governance provides a detailed analysis of the evolution of the key corporate governance systems in the UK, the US and Germany from the perspective of the development of economic globalization. As such it is a valuable resource for those interested in how economic and legal reforms interact to produce change within corporate governance systems.
The Globalization of International Law (The\international Library Of Essays On Globalization And Law Ser.)
by Paul Berman Schiff'International law' is no longer a sufficient rubric to describe the complexities of law in an era of globalization. Accordingly, this collection situates cross-border norm development at the intersection of interdisciplinary scholarship on comparative law, conflict of laws, civil procedure, cyberlaw, legal pluralism and the cultural analysis of law, as well as traditional international law. It provides a broad range of seminal articles on transnational law-making, governmental and non-governmental networks, judicial influence and cooperation across borders, the dialectical relationships among national, international and non-state legal norms, and the possibilities of 'bottom-up' and plural law-making processes. The introduction situates these articles within the framework of law and globalization and suggests four important ways in which such a framework enlarges the traditional focus of international law. This book, therefore, provides a crucial reference for scholars and practitioners seeking to understand the varied processes of norm development in the emerging global legal order.
Globalization, Wages, and the Quality of Jobs
by Drusilla Brown Raymond Robertson Gaëlle Le Borgne Pierre Maria Laura Sanchez-PuertaSince the early 1990s, most developing economies have become more integrated with the world's economy. Trade and foreign investment barriers have been progressively lifted and international trade agreements signed. These reforms have led to important changes in the structures of these economies. The labor markets have adjusted to these major changes, and workers were required to adapt to them in one way or another. In 2006, the Social Protection Unit of the World Bank launched an important research program to understand the impact that these profound structural changes have had on workers in developing countries. 'Globalization, Wages, and the Quality of Jobs: Five Country Studies' presents the findings and insights of this important research program. In particular, the authors present the similar experiences of low-income countries with globalization and suggest that low-income countries' working conditions have improved in the sectors exposed to globalization. However, 'Globalization, Wages, and the Quality of Jobs' also highlights concerns about the sustainability of these improvements and that the positive demonstration effects on the rest of the economy are unclear. The empirical literature that exists, although vast, does not lead to a consensus view on globalization's eventual impact on labor markets. Understanding the effects of globalization is crucial for governments concerned about employment, working conditions, and ultimately, poverty reduction. Beyond job creation, improving the quality of those jobs is an essential condition for achieving poverty reduction. 'Globalization, Wages, and the Quality of Jobs' adds to the existing literature in two ways. First, the authors provide a comprehensive literature review on the current wisdom on globalization and present a micro-based framework for analyzing globalization and working conditions in developing countries. Second, the authors apply this framework to five developing countries: Cambodia, El Salvador, Honduras, Indonesia, and Madagascar. This volume will be of interest to government policy makers, trade officials, and others working to expand the benefits of globalization to developing countries.
The Globalized Governance of Finance
by David ZaringBig banks are capable of wreaking havoc on the global economy, and governments have often felt powerless to stop them. Regulators have responded by developing coordinated programs to handle banks, insurers, broker dealers, shadow banks and other businesses that can blow up in a crisis. This program began informally and undemocratically, and has developed into something much more organized, formalized and predictable, even though it has never been legally enforceable. David Zaring examines the realities of the current international financial system and concludes that in fact this is a well-ordered and functioning regulatory environment: the international financial system enjoys a substantial degree of compliance, and operates predictably and harmoniously. As a result, perhaps this could serve as a paradigm for future global governance. Zaring explores three aspects of international financial regulation that can inform global governance: harmonization through rules, cooperation on enforcement and agreement on fundamental principles.