- Table View
- List View
Shareholder Primacy and Global Business: Re-clothing the EU Corporate Law (Routledge Research in Corporate Law)
by Lela MélonIn the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.
Shareholder Protection Reconsidered: Derivative Action in the UK, Germany and Greece (Routledge Research in Corporate Law)
by Georgios ZouridakisThis book examines the role and potential of derivative actions in shareholder protection in public limited companies. Derivative actions have been a focal point of legislators’ agendas on shareholder protection, in the past few decades, throughout Europe and beyond. Nevertheless, there remain jurisdictions, such as Greece, which are still devoid of this remedy. Against this backdrop, this book examines whether and how the derivative action may improve shareholder protection, constituting thus a mechanism that justifies legislative attention. It does so in three parts. First, it analyses the desirable role derivative actions assume in protecting shareholder property, monitoring corporate management and mitigating agency costs, alongside their economic implications, introducing the reader to the contemporary international debate on the topic. Having set the desiderata, the second part proceeds with the comparative analysis of Greek, German and UK law – jurisdictions that have recently reformed their provisions on shareholder protection – examining not only the law on derivative actions and their Greek counterpart remedy but also mechanisms of shareholder protection that do, or could, assume functions similar to those of the derivative action. By critically assessing the merits and failures of the respective UK, German and Greek shareholder protection laws, the book then proceeds to offer (in Part III) a model framework of shareholders’ derivative litigation for jurisdictions considering reform. Written in an accessible format, it will be an invaluable resource for anyone interested in this important aspect of company law and corporate governance.
Shareholder Protection in Close Corporations: Theory, Operation, and Application of Shareholder Withdrawal (International Corporate Law and Financial Market Regulation)
by Alan K KohClose corporations, which are legal forms popular with small and medium enterprises, are crucial to every major economy's private sector. However, unlike their 'public' corporation counterparts, close corporation minority shareholders have limited exit options, and are structurally vulnerable in conflicts with majority or controlling shareholders. 'Withdrawal remedies'-legal mechanisms enabling aggrieved shareholders to exit companies with monetary claims-are potent minority shareholder protection mechanisms. This book critically examines the theory and operation of withdrawal remedies in four jurisdictions: the United States, the United Kingdom, Germany, and Japan. Developing and applying a theoretical and comparative framework to the analysis of these jurisdictions' withdrawal remedies, this book proposes a model withdrawal remedy that is potentially applicable to any jurisdiction. With its international, functional, and comparative analysis of withdrawal remedies, it challenges preconceptions about shareholder remedies and offers a methodology for comparative corporate law in both scholarship and practice.
Shareholder Remuneration and the Law: Shareholder Distributions and Creditor Protection in Comparative Perspective (Routledge Research in Corporate Law)
by Xuedan XiongThis book discusses the mechanism of shareholder distribution restriction for creditor protection through an interdisciplinary lens.Identifying an optimal model of shareholder distribution regimes through a comparative study of the UK and China, the book explores how these regimes can function as a creditor protection mechanism by which distributions to shareholders are regulated to safeguard creditor interest. Calls for regulatory reforms in China have sprung from a high volume of shareholder-distribution-related litigations with inconsistent court decisions. Meanwhile, the UK adopts two models concurrently: capital maintenance rules for public companies and solvency tests for private companies. This book critically evaluates the efficacy of these two models in addressing the fundamental interest of company creditors, namely, the solvency of the company following distribution. Guided by legal transplant theories, this book examines the fit and feasibility of transplanting the UK’s distribution models to China.The book will be of interest to researchers, students and practitioners in the field of company law, finance law, accounting and banking law.
Shareholder Rights Protection Mechanisms for Chinese Financial Holding Companies: A Comparative Law Perspective (International and Comparative Law in the Asia Pacific)
by Kailiang MaThis book aims to answer the question of how Chinese financial holding companies should structure their shareholder rights protection mechanisms in a global context. And this book uses the two-part approach to clarify the issue of shareholder rights protection of financial holding companies. The first part describes the external protection mechanism (financial market regulation), and the second part describes the internal protection mechanism (internal corporate governance). Moreover, this book mainly adopts three methodologies, including doctrinal analysis, comparative analysis (Chinese law, French law, UK law and US law) and historical analysis, to illustrate the viewpoints. And in the light of the comprehensive and comparative analysis, this book provides an insightful perspective to deal with the problem of protecting shareholders' rights in Chinese financial holding companies. The novelty of this approach lies in its comprehensiveness. On the one hand, it analyses shareholder rights protection mechanisms, including external and internal mechanisms. On the other hand, it provides a comprehensive overview of the regulation of financial holding companies in all 193 member states of the United Nations. At the same time, its comparative approach focuses on Chinese law, American law, English law and French law. Such peer comparisons are relatively rare. The target audience for this book includes interested laypersons, undergraduate and postgraduate students and researchers. Both legal and financial markets are the main target markets.
Shareholders' Claims for Reflective Loss in International Investment Law (Cambridge International Trade and Economic Law)
by Lukas VanhonnaekerIn recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
Shareholders, Strategy and Value Creation: The Case of the IT Sector (Routledge Research in Strategic Management)
by Katarzyna Szczepańska-Woszczyna Wojciech MurasThe central task of contemporary strategic management is to look for sources of value and to achieve above- average firm performance. The effective implementation of a value creation strategy requires a comprehensive approach, including the creation of a systemic management structure aimed at increasing company value. The concept of value- based management involves consciously inspiring, undertaking, and implementing value- oriented actions. Value creation takes place at all levels of management and in all organisational units of the company; therefore, the implementation of all management functions should be assigned to this goal. Thus, the role of managers is gaining importance, especially those who are capital- linked to companies, who set goals and verify them by means of informed decisions aimed at maximising value in the long term. The book presents a multidimensional analysis of shareholders’ impact on company value creation. The authors chose the IT sector as the area of study; this sector, being one in which modern technologies are essential, acquires special significance for the global economy. The book features a review of notions and concepts related to the management of company value and methods of measuring it, the shareholder’s impact on the creation of company value, and factors affecting long- term value creation; an analysis of the places of occurrence, power and direction of a shareholder’s impact on building the long- term capacity of an IT sector company for creating the value thereof, as well as the conceptualisation and operationalisation of such impact; an analysis of the role of shareholders in IT sector companies, a profile of shareholder competence which makes the role of a shareholder unique to the company and fulfils the “value- creating owner” postulate; an analysis of the role of hired managers cooperating with the shareholders with an indication of the significance of mutual development and the supplementation of one’s own skills. The book is dedicated to scientists in the field of strategic management, valuebased management, and leadership; shareholders; students of EMBA and MBA programmes; practitioners in strategic management; and current shareholders of modern technology companies (in particular from the IT sector) and future investors, for all of whom it may offer a valuable outlook on the management principles and practices in the sectors, particularly with respect to the long- term creation of company value.
Shareholders, Strategy and Value Creation: The Case of the IT Sector (Routledge Research in Strategic Management)
by Katarzyna Szczepańska-Woszczyna Wojciech MurasThe central task of contemporary strategic management is to look for sources of value and to achieve above- average firm performance. The effective implementation of a value creation strategy requires a comprehensive approach, including the creation of a systemic management structure aimed at increasing company value.The concept of value- based management involves consciously inspiring, undertaking, and implementing value- oriented actions. Value creation takes place at all levels of management and in all organisational units of the company; therefore, the implementation of all management functions should be assigned to this goal. Thus, the role of managers is gaining importance, especially those who are capital- linked to companies, who set goals and verify them by means of informed decisions aimed at maximising value in the long term.The book presents a multidimensional analysis of shareholders’ impact on company value creation. The authors chose the IT sector as the area of study; this sector, being one in which modern technologies are essential, acquires special significance for the global economy.The book features a review of notions and concepts related to the management of company value and methods of measuring it, the shareholder’s impact on the creation of company value, and factors affecting long- term value creation; an analysis of the places of occurrence, power and direction of a shareholder’s impact on building the long- term capacity of an IT sector company for creating the value thereof, as well as the conceptualisation and operationalisation of such impact; an analysis of the role of shareholders in IT sector companies, a profile of shareholder competence which makes the role of a shareholder unique to the company and fulfils the “value- creating owner” postulate; an analysis of the role of hired managers cooperating with the shareholders with an indication of the significance of mutual development and the supplementation of one’s own skills.The book is dedicated to scientists in the field of strategic management, valuebased management, and leadership; shareholders; students of EMBA and MBA programmes; practitioners in strategic management; and current shareholders of modern technology companies (in particular from the IT sector) and future investors, for all of whom it may offer a valuable outlook on the management principles and practices in the sectors, particularly with respect to the long- term creation of company value.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 International license.
Shari'a Law and Modern Muslim Ethics
by Robert W. HefnerMany Muslim societies are in the throes of tumultuous political transitions, and common to all has been heightened debate over the place of shari`a law in modern politics and ethical life. Bringing together leading scholars of Islamic politics, ethics, and law, this book examines the varied meanings and uses of Islamic law, so as to assess the prospects for democratic, plural, and gender-equitable Islamic ethics today. These essays show that, contrary to the claims of some radicals, Muslim understandings of Islamic law and ethics have always been varied and emerge, not from unchanging texts but from real and active engagement with Islamic traditions and everyday life. The ethical debates that rage in contemporary Muslim societies reveal much about the prospects for democratic societies and a pluralist Islamic ethics in the future. They also suggest that despite the tragic violence wrought in recent years by Boko Haram and the Islamic State in Iraq, we may yet see an age of ethical renewal across the Muslim world.
Shari'a Scripts: A Historical Anthropology
by Brinkley MessickA case study in the textual architecture of the venerable legal and ethical tradition at the center of the Islamic experience, Sharīʿa Scripts is a work of historical anthropology focused on Yemen in the early twentieth century. There—while colonial regimes, late Ottoman reformers, and early nationalists wrought decisive changes to the legal status of the sharīʿa, significantly narrowing its sphere of relevance—the Zaydī school of jurisprudence, rooted in highland Yemen for a millennium, still held sway.Brinkley Messick uses the richly varied writings of the Yemeni past to offer a uniquely comprehensive view of the sharīʿa as a localized and lived phenomenon. Sharīʿa Scripts reads a wide spectrum of sources in search of a new historical-anthropological perspective on Islamic textual relations. Messick analyzes the sharīʿa as a local system of texts, distinguishing between theoretical or doctrinal juridical texts (or the “library”) and those produced by the sharīʿa courts and notarial writers (termed the “archive”). Attending to textual form, he closely examines representative books of madrasa instruction; formal opinion-giving by muftis and imams; the structure of court judgments; and the drafting of contracts. Messick’s intensive readings of texts are supplemented by retrospective ethnography and oral history based on extensive field research. Further, the book ventures a major methodological contribution by confronting anthropology’s longstanding reliance upon the observational and the colloquial. Presenting a new understanding of Islamic legal history, Sharīʿa Scripts is a groundbreaking examination of the interpretative range and historical insights offered by the anthropologist as reader.
Shari'a and the Constitution in Contemporary Legal Models: Two Worlds in Dialogue (Global Issues)
by Federico Lorenzo RamaioliThis comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharīʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharīʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors."Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".
Shari'ah Law: An Introduction (The Foundations of Islam)
by Mohammad Hashim KamaliProviding a comprehensive and accessible examination of Shari'ah Law, this well considered introduction examines the sources, characteristic features and various schools of thought of a system often stereotyped for its severity in the West. In a progressive and graduated fashion, Mohammad Hashim Kamali discusses topics ranging from juristic disagreement to independent reasoning. Also broaching more advanced topics such as the principle of legality and the role and place of Shari'ah-oriented policy, Kamali controversially questions whether Islam is as much of a law-based religion as it has often been made out to be. Complete with a bibliography and glossary, and both a general index and an index of Arabic quotations, this wide-ranging exploration will prove an indispensable resource for Islamic students and scholars, and an informative guide to a complex topic for the general reader. Professor Dr Hashim Mohammad Kamali is the Dean of the International Institute of Islamic Thought and Civilisation (ISTAC) at the International Islamic University, Malaysia.
Shari`a in the Secular State: Evolving Meanings of Islamic Jurisprudence in Turkey (Law, Language and Communication)
by Russell PowellWords in both law and religion can shape power relationships and are often highly disputed. Shari`a lies within the overlap of these two spheres and provides a unique subject for the study of meaning in that liminal space. This book contributes important insights related to Islamic jurisprudence and secularism in the Turkish context and regarding the role of language in contested legal and religious contexts. The study begins by providing a historical framework for the ideas and terms covered, including concepts of religion in general, Shari`a in particular, and secularism in the Turkish state. It goes on to examine empirical research to describe and analyze contemporary Turkish understandings of religion and Shari`a. The author’s research indicates that there is often a disconnect between supporting the adoption of Shari`a and supporting the regulation of everyday behavior through civil codes. Thus, “Shari`a” seems to have taken on new meanings as groups have sought either to appropriate or criticize it. It is a quintessential example of fractured and contextual meaning at the center of both religious and legal traditions. This book is essential reading for both academics and those interested in law, linguistics, history, political science, anthropology, sociology, religious studies, or Near Eastern studies.
Sharia Compliant: A User's Guide to Hacking Islamic Law (Encountering Traditions)
by Rumee AhmedFor over a thousand years, Muslim scholars worked to ensure that Islamic law was always fresh and vibrant, that it responded to the needs of an evolving Muslim community and served as a moral and spiritual compass. They did this by "hacking" Islamic law in accordance with changing times and contexts, diving into the interconnected Islamic legal tradition to recalibrate what was outdated, making some laws work better and more efficiently while leaving others undisturbed. These hacking skills made Islamic law both flexible and relevant so that it could meet the needs of a community with changing values while remaining true to its ancient roots. Today, the hacking process has stalled in the face of unprecedented structural challenges, and Islamic law has stagnated. This book is designed to revitalize the hacking tradition by getting readers involved in the process. It walks them through the ins and outs of Islamic legal change, vividly describing how Muslim scholars have met new and evolving challenges on topics as diverse as abolition, democracy, finance, gender, human rights, sexuality, and more. And it provides step-by-step instructions for readers to hack laws for themselves, so that through their engagement and creativity, they can help Islamic law regain its intrinsic vitality and resume its role as a forward-looking source for good in the world.
Sharia Dynamics
by Timothy P. DanielsThis multidisciplinary volume explores the role of Islamic law within the dynamic processes of postcolonial transformation, nation building, and social reform. Here, eleven international scholars examine Islamic law in several contemporary sociopolitical contexts, focusing specifically on Malaysia, Indonesia, Pakistan, China, Tunisia, Nigeria, the United States, and the International Islamic Fiqh Academy (IIFA) of the Organization of Islamic Cooperation (OIC). The contributors also address the entanglement of Islamic law and ethics with the history of Muslim religious discourses, shifts toward modernity, gender relations, and efforts to construct exclusive or plural national communities. Sharia Dynamics, at once enchanting and enlightening, is a must-read for scholars of contemporary Islam.
Sharia Versus Freedom
by Andrew G. BostomAuthor Andrew G. Bostom expands upon his two previous groundbreaking compendia, The Legacy of Jihad and The Legacy of Islamic Antisemitism, with this collection of his own recent essays on Sharia - Islamic law. The book elucidates, unapologetically, Sharia's defining Islamic religious principles and the consequences of its application across space and time, focusing upon contemporary illustrations. A wealth of unambiguous evidence is marshaled, distilled, and analyzed, including: objective, erudite studies of Sharia by leading scholars of Islam; the acknowledgment of Sharia's global "resurgence," even by contemporary academic apologists for Islam; an abundance of recent polling data from Muslim nations and Muslim immigrant communities in the West confirming the ongoing, widespread adherence to Sharia's tenets; the plaintive warnings and admonitions of contemporary Muslim intellectuals - freethinkers and believers, alike - about the incompatibility of Sharia with modern, Western-derived conceptions of universal human rights; and the overt promulgation by authoritative, mainstream international and North American Islamic religious and political organizations of traditional, Sharia-based Muslim legal systems as an integrated whole (i.e., extending well beyond mere "family-law aspects" of Sharia). Johannes J. G. Jansen, Professor for Contemporary Islamic Thought Emeritus at Utrecht University, says this book "will prove sobering to even staunch optimists."
Sharia as Informal Law: Lived Experiences of Young Muslims in Western Societies
by Ihsan YilmazThis book takes a comprehensive approach to investigate how Sharia influences and manifests in the everyday lives of young Muslims, aiming to unravel the meaning and relevance of Sharia-driven laws and practices in English-speaking Western societies. By focusing on the grassroots level, it provides a deeper understanding of the lived experiences of Muslims and their relationship with Sharia. The presence of Muslims in Western countries has a long history, with recent waves of migration and conversions contributing to their increasing numbers. This study recognizes the diverse nature of the Muslim community, comprising both migrants and local converts, who have become integral parts of the pluralistic fabric of multicultural societies. The research draws on in-depth interviews with 122 young Muslim individuals from diverse backgrounds representing three different Western countries: Australia, the United States, and the United Kingdom. Diversity of participants allows for a broader exploration of the Muslim community and the inherent diversity of opinions, interpretations, and practices regarding Sharia. This approach moves beyond theoretical debates, providing concrete insights into the practical implications of Sharia for young Muslims in their respective Western contexts. The book also sheds light on the evolving landscape of information and knowledge acquisition in the age of digital technologies and cyberspace. It explores how young Muslims access and seek knowledge in the twenty-first century, recognizing the impact of changing sources and modes of information on their religious practices and beliefs. This aspect adds a valuable dimension to the study, capturing the dynamic nature of knowledge dissemination and acquisition among young Muslims in Western societies. The book will be fascinating reading for academics, researchers, and policy-makers working in the areas of Law, Political Science, Minority Studies, Religious Studies, and Islamic Studies.
Shariah Governance in Islamic Banking Institutions (Islamic Business and Finance Series)
by Muhammad Ismail Shafiullah JanShariah governance assumes the primary instrument through which Islamic Banking Institutions (IBIs) ensure the Islamicity of their products, services, operations, and internal environments. It is considered to be one the fundamental elements that differentiates IBIs from their traditional counterparts. Shariah Governance in Islamic Banking Institutions provides a critical overview of the key aspects pertaining to Shariah governance within Islamic financial institutions and presents a detailed analysis of its conceptual background. The authors have identified the unique issues that have emerged due to the integration of Shariah, namely the involvement of the Shariah supervisory board (SSB), in the corporate governance arrangements of Islamic banks. These issues relate to disclosure, transparency, independency, consistency, confidentiality, competency, and reputation. The book details the doctrines of Shariah pronouncements in Islamic banks, the importance of having a central advisory board at a regulatory level in the standardization of Islamic banking practices, as well as the competence required for Shariah supervisory board members. It provides a critical analysis of the Shariah governance framework in Pakistan and introduces the authors’ vision of an ideal Shariah governance framework. Furthermore, the chapters offer guidance in promoting effective policies for improving Shariah governance. This is one of the core challenges facing Islamic banks, namely, to ensure compliance with faith and provide legitimacy to the business of IBIs, and as such, the book will appeal to both the research and professional communities.
Shariah Law: Questions and Answers
by Mohammad Hashim KamaliShariah law is a subject that is misunderstood and misrepresented by many in the West. More than simply a system of law, it is concerned with a set of values and rules that are essential to the understanding and practice of Islam. In this volume, Mohammad Hashim Kamali, a world-renowned expert on Shariah, adopts a question-and-answer format to provide a clear introduction to its most salient aspects. Extending from the sources of Shariah in the Qur&’an, hadith and the legal maxims of Islamic law to the discussion of issues such as freedom of religion, gender equality and human rights, Shariah Law: Questions and Answers connects the theoretical aspects of the law with how it is applied in the world today. At once scholarly and accessible, it is sure to be a vital resource for students, teachers and general readers, addressing as it does a range of contemporary concerns, including jihad, democracy, the environment, genetic engineering, human cloning, euthanasia and abortion.
Shariah: What Everyone Needs To Know® (What Everyone Needs To Know®)
by John L. Esposito Natana J. DeLong-BasMost Americans and Europeans have by now heard of Shariah. Politicians, media commentators, and televangelists have stoked fears that Muslims in the West intend to impose a repressive rule based on Shariah. In reality, Shariah is a complex concept that plays a vital role in the lives of Muslims around the world, offering guidance on everything from personal morality to ritual practices, family life, finance, and the environment. In this timely volume, John Esposito and Natana DeLong-Bas offer an accessible guide to this often caricatured system. Here are clear and even-handed answers to questions covering the history, content, and practice of Shariah. What is the difference between Shariah and Islamic law? What is a Shariah court and how does it work? What does Shariah say about human rights and freedoms? Can Shariah evolve and adapt to the needs of the contemporary world?
Sharing Linked Data for Health Research: Toward Better Decision Making (Cambridge Bioethics and Law)
by Judy Allen Carolyn Adams Felicity FlackHealth research around the world relies on access to data, and much of the most valuable, reliable, and comprehensive data collections are held by governments. These collections, which contain data on whole populations, are a powerful tool in the hands of researchers, especially when they are linked and analyzed, and can help to address “wicked problems” in health and emerging global threats such as COVID-19. At the same time, these data collections contain sensitive information that must only be used in ways that respect the values, interests, and rights of individuals and their communities. Sharing Linked Data for Health Research provides a template for allowing research access to government data collections in a regulatory environment designed to build social license while supporting the research enterprise.
Sharing Poetic Expressions
by Anna-Teresa TymienieckaA world ever more extensively interlinked is calling out for serving human interests broader and more compelling than those inspiring our technological welfare. The interface between cultures - at the moment especially between the Occident and Islam - presents challenges to mutual understandings and calls for restoring the resources of our human beings forgotten in the struggle of competition and rivalry at the vital spheres of existence. In the evolutionary progress of the living beings the strictly vital concerns, emotions, attributes become sublimed and elevated to the spiritual sphere at which human beings encounter each other and share. Studies presented here bring forth sublimity, generosity, forgiveness, beauty, and are exalting the quest after ciphers and symbols which lead to our sharing the common deepest stream of fraternal reality.
Sharing Power: A Global Guide to Collaborative Management of Natural Resources
by Ashish Kothari Grazia Borrini-Feyerabend M. Taghi Farvar Yves Renard Michel P PimbertThe collaborative orco-management of natural resources - whether between states and local communities or amongst and within communities themselves - is a process of collective understanding and actions to bring about negotiated agreements on roles, rights and responsibilities for decentralized governance of natural resources. At heart, co-management is about sharing power, one of the most difficult but rewarding experiences in personal and social life. The book is designed for professionals and people involved in practical co-management processes, and distils a wealth of experience and innovative approacheslearned by doing. It begins by offering a variety of vistas, from historical analyses to a clear grasp of key concepts. Illustrated in detail is the understanding accumulated in recent decades on starting points for co-management, conditions and methods for successful negotiations, ideas to manage conflicts and types of agreements and co-management institutions emerging from the negotiation tables. Simple tools, such as checklists distilled from different situations and contexts, are offered throughout. Examples and insights from experience highlight the importance of participatory democracy - the enabling contexts where ‘sharing power is ultimately possible and successful. Published with IIED and IUCN.
Sharing Profits
by John N. ReynoldsAny decision by a company on how it applies its profits to pay tax, remuneration or shareholder returns has ethical implications. Shareholders are entitled to earn a return, and accepted asset allocation methods can help promote equality of opportunity, but will irreconcilably conflict with wider concerns about inequality. Governments have failed to adapt legislation to match the business environment, notably with regard to the internet and globalisation, and have used tax as a source of comparative advantage while at the same time criticizing companies for tax avoidance. Sharing Profits reviews high-profile ethical issues facing companies in how profits are used, and proposes a framework for understanding the ethical implications of decisions. In this book, the author shows that while using ethical rules to put strict limits on executive remuneration is unlikely to work, it can provide a valuable framework for decision making. The book begins by examining the issues involved, and explains how business ethics can be applied practically. The author examines issues faced by shareholders, employees and the State, and questions the rights and duties of each using ethical frameworks and case studies. This book highlights the need for companies to adopt clear, prioritised ethical frameworks of rights and duties to make informed decisions on how profits are used, and to be transparent about what values are used and how they are implemented. It will be a valuable resource for readers interested in the ethics of tax, remuneration, shareholding and tax avoidance. "
Sharing Responsibility: The History and Future of Protection from Atrocities (Human Rights and Crimes against Humanity #43)
by Luke GlanvilleA look at the duty of nations to protect human rights beyond borders, why it has failed in practice, and what can be done about itThe idea that states share a responsibility to shield people everywhere from atrocities is presently under threat. Despite some early twenty-first century successes, including the 2005 United Nations endorsement of the Responsibility to Protect, the project has been placed into jeopardy due to catastrophes in such places as Syria, Myanmar, and Yemen; resurgent nationalism; and growing global antagonism. In Sharing Responsibility, Luke Glanville seeks to diagnose the current crisis in international protection by exploring its long and troubled history. With attention to ethics, law, and politics, he measures what possibilities remain for protecting people wherever they reside from atrocities, despite formidable challenges in the international arena.With a focus on Western natural law and the European society of states, Glanville shows that the history of the shared responsibility to protect is marked by courageous efforts, as well as troubling ties to Western imperialism, evasion, and abuse. The project of safeguarding vulnerable populations can undoubtedly devolve into blame shifting and hypocrisy, but can also spark effective burden sharing among nations. Glanville considers how states should support this responsibility, whether it can be coherently codified in law, the extent to which states have embraced their responsibilities, and what might lead them to do so more reliably in the future.Sharing Responsibility wrestles with how countries should care for imperiled people and how the ideal of the responsibility to protect might inspire just behavior in an imperfect and troubled world.