Showing 41 - 50 of 54
The book under review addresses the complex interaction of hard and soft law, legal-political intervention and social practice and self-regulation, public and private law, and rules of social praxis and behaviour in transnational law. While the increased contractualization of public governance...
Persistent link: https://www.econbiz.de/10012752535
Despite hundreds of “Rule of Law” projects at the World Bank and a host of research into the foundations and content of the Rule of Law, we are still nowhere near an altogether satisfactory definition. While the Rule of Law is repeatedly being referred to in ‘legal assistance' and ‘law...
Persistent link: https://www.econbiz.de/10012967452
This paper is the introduction essay to an edited collection entitled “Law, Economics, and Evolutionary Theory”, forthcoming with Edward Elgar. The volume brings together work by legal scholars, economists, historians and sociologists and aims at a critical investigation of the parallel and...
Persistent link: https://www.econbiz.de/10014195822
In situations of military, political or economic transition, the reassessment of the role of law in the transition process becomes a crucial site of a people's or a nation's negotiating the past, present and future. Allusions to a tabula rasa or an annee zero after traumatic collapses of...
Persistent link: https://www.econbiz.de/10014212224
The paper focuses on the arguments scholars have been giving in supporting or in rejecting the thesis of an 'autonomous transnational legal order'. Focusing on the example of the 'law merchant' (lex mercatoria), the paper aims at tracing the models of law and, more comprehensively, of the...
Persistent link: https://www.econbiz.de/10014158788
This chapter explores the nature, status and role of knowledge, expertise and epistemology in the context of law & development. Placing a particular emphasis on the way that prior perceptions of the functions of the state influence the conceptualization of development policies, the chapter...
Persistent link: https://www.econbiz.de/10014159359
The Trail Smelter Arbitrations of 1938 and 1941 still figure as landmark cases in International Environmental law, despite the fact that the debate continues what lessons ought best to be drawn from these proceedings. In the context of contemporary work in the area of transnational corporate...
Persistent link: https://www.econbiz.de/10014059564
Rather than approaching the, for some, endlessly perplexing, for others, rather evidentiary, 'obvious' field of "legal pluralism" [LP] in a global context from a jurisprudential stance and to ask about LP's place between "law" and "non-law", my suggestion is to approach the subject differently....
Persistent link: https://www.econbiz.de/10014116510
Corporations are among the dominant contributors to climate change and environmental degradation. At the same time, they could still become champions to turn the ship around. With great power comes great responsibility. The emphasis on profit maximization led carbon majors to be one of the main...
Persistent link: https://www.econbiz.de/10014362109
Today’s lively debate around the ‘purpose’ of the business corporation and the pressure on management and investors to protect the environment, enhance diversity and address growing socio-economic, gender and racial inequality has its roots in a century-long dispute between competing views...
Persistent link: https://www.econbiz.de/10014259751