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Better Regulation (Studies of the Oxford Institute of European and Comparative Law)
by Stephen WeatherillThe discourse of 'Better Regulation' is a hot topic, intimately associated with the drive for cost savings and a more efficient economy. In the UK and in the EU, rule-makers have lately endeavoured to achieve a more satisfactory balance between the demands of proper protection from market failure and inequity on the one hand, and commercial freedom and the potential for innovation on the other. But who is the regulator listening to, and what effect does this have on the regulatory pattern governing the integrating EU market? What is best practice in the matter of regulatory assessment. The essays in this collection explore these and other questions and will foster greater understanding of UK and EU regulation, the accountability issues involved, and problems of enforcement. It is no coincidence that since efforts to construct a Constitution for Europe have stalled the attention of policy-makers, politicians and the business community has turned instead to the quest for Better Regulation - or perhaps, it might be said, a "Better European Union".
Better Regulation in EU Contract Law: The Fitness Check and the New Deal for Consumers (Studies of the Oxford Institute of European and Comparative Law)
by Esther Van Schagen Stephen WeatherillThis book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law.This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?
Better Regulation in EU Contract Law: The Fitness Check and the New Deal for Consumers (Studies of the Oxford Institute of European and Comparative Law)
This book is the first to provide a critical investigation of EU better regulation from the perspective of EU contract law. The Commission's 'New Deal for EU Consumers' is one of the first EU contract law initiatives to implement both the newly revised Better Regulation Guidelines and the newly introduced combined evaluation of multiple Directives in the form of a 'fitness check'. This offers an opportunity to explore difficulties and best practices at a national level, as demonstrated by experience with the EU's Unfair Terms Directive. Both the fitness check and the impact assessment accompanying the New Deal should facilitate critical reflection on the design of EU contract law.This book addresses key questions. Do impact assessments favour business interests at the expense of a high level of consumer protection? Is the evaluation of EU contract law and the analysis in impact assessments in line with scientific standards? Has the fitness check revealed difficulties and success stories with EU measures at national level, and thereby facilitated an in-depth scrutiny of the design of EU contract law? Ultimately, is the potential of better regulation being realised?
A Better Way to Think About Business: How Personal Integrity Leads to Corporate Success
by Robert C. SolomonIs business ethics a contradiction in terms? Absolutely not, says Robert Solomon. In fact, he maintains that sound ethics is a necessary precondition of any long-term business enterprise, and that excellence in business must exist on the foundation of values that most of us hold dear. Drawing on twenty years of experience consulting with major corporations on ethics, Solomon clarifies the difficult ethical choices all people in business face. He uses an "Aristotelian" approach to remind readers that a corporation--like an individual--is embedded in a community, and that corporate values such as fairness and honesty are meaningless until transformed into action. Without a base of shared values, trust and mutual benefits, today's national and international business world would fall apart. In keeping with his conviction that virtue and profit must thrive together, Solomon both examines the ways in which deficient values actually destroy businesses, and debunks the pervasive myths that encourage unethical business practices. Complete with a working catalog of virtues designed to illustrate the importance of integrity in any business situation, this compelling handbook contains a gold mine of wisdom for either the small business manager or the corporate executive struggling with ethical issues.
A Better Way to Think About Business: How Personal Integrity Leads to Corporate Success
by Robert C. SolomonIs business ethics a contradiction in terms? Absolutely not, says Robert Solomon. In fact, he maintains that sound ethics is a necessary precondition of any long-term business enterprise, and that excellence in business must exist on the foundation of values that most of us hold dear. Drawing on twenty years of experience consulting with major corporations on ethics, Solomon clarifies the difficult ethical choices all people in business face. He uses an "Aristotelian" approach to remind readers that a corporation--like an individual--is embedded in a community, and that corporate values such as fairness and honesty are meaningless until transformed into action. Without a base of shared values, trust and mutual benefits, today's national and international business world would fall apart. In keeping with his conviction that virtue and profit must thrive together, Solomon both examines the ways in which deficient values actually destroy businesses, and debunks the pervasive myths that encourage unethical business practices. Complete with a working catalog of virtues designed to illustrate the importance of integrity in any business situation, this compelling handbook contains a gold mine of wisdom for either the small business manager or the corporate executive struggling with ethical issues.
A Better World, Inc.: How Companies Profit by Solving Global Problems…Where Governments Cannot
by Alice KorngoldThis unique book shows companies and their executives how to profit by developing solutions to the world's most daunting challenges those that governments cannot, and have not yet addressed. Using case studies, A Better World, Inc . delineates best practices for businesses to maximize revenues and reduce costs.
A Better World, Inc.: Corporate Governance for an Inclusive, Sustainable, and Prosperous Future
by Alice KorngoldThe first edition of A Better World, Inc. showed how companies can profit by solving global problems. Increasingly, companies and investors are capitalizing on these opportunities. The three factors necessary for success were revealed to be effective corporate governance, stakeholder engagement, and collaboration. Racial equity and justice, and gender equity, were also themes in the original edition. By drawing on new research and case studies, this updated edition shows that inclusion and sustainability are in fact fundamental prerequisites for prosperity for companies and society. Specifically, racial inequity and injustice, and gender inequity, are systemic problems that impede businesses from achieving their greater potential in the global marketplace; in the meantime, society suffers as well. The second edition of A Better World, Inc. builds on the first by showing that companies have the power and incentives – and their boards of directors have the responsibility and the authority – to drive solutions to social, economic, and environmental challenges. Readers will learn how companies and their boards, together with nonprofits and governments, can drive prosperity by centering equity and sustainability.This edition is organized to address environmental, social, and governance practices, which are priority interests for investors, media, the public, government, and others to assess company practices and profitability.
Betting the Company: Complex Negotiation Strategies for Law and Business
by Andrew Trask Andrew DeGuireWhere the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.
Betting the Company: Complex Negotiation Strategies for Law and Business
by Andrew Trask Andrew DeGuireWhere the fate of a company is on the line in a negotiation, legal and business teams must work seamlessly to reach a successful conclusion. Unfortunately, there's often a gap between lawyers, who are typically untrained in business strategy, and business executives, who lack basic knowledge of contract law and regulations. In Betting the Company: Complex Negotiation Strategies for Law and Business, Andrew Trask and Andrew DeGuire offer a thorough introduction to enable lawyers and business people to understand the theoretical concepts and to apply practical tools to conduct a successful, multi-faceted negotiation. The authors, both of whom have extensive experience conducting high-stakes negotiation, explain the different strategic considerations negotiators face, from the pressures on individuals representing a larger group to the difficulties that arise from clashes of corporate culture. They also discuss the specific challenges raised by negotiations that involve multiple parties, multiple issues, and take place over longer periods of time. Throughout this illuminating book, Trask and DeGuire provide concrete, practical advice on how best to guide companies through the most difficult negotiations.
Betty A. Reardon: A Pioneer In Education For Peace And Human Rights (SpringerBriefs on Pioneers in Science and Practice #26)
by Betty A. Reardon Dale T. SnauwaertBetty A. Reardon is a world-renowned leader in the fields of peace education and human rights; her pioneering work has laid the foundation for a new cross-disciplinary integration of peace education and international human rights from a gender-conscious, global perspective. This collection of reflective inquiry and ongoing research gathers essential works on peace education and human rights (1967-2014) and provides access to Reardon’s key works. These texts have been foundational to the field of peace education during the past five decades of her practical experience. The unique conceptualization of a holistic framework for organizing content and the practical and specific descriptions of pedagogies for the practice of critical peace education in schools and universities, have made them essential resources for peace educators around the world; several have already become standard texts for basic courses in the field. The book also includes an overview of Reardon’s career and a bibliography of her publications.
Betty A. Reardon: Key Texts in Gender and Peace (SpringerBriefs on Pioneers in Science and Practice #27)
by Betty A. Reardon Dale T. SnauwaertThis book presents a rich collection of Betty A. Reardon’s writing on gender studies, sexism and the war system, and human security from a feminist perspective. Betty A. Reardon is a pioneer of gender studies who, as a feminist, identified the structural relationship between sexism and the war system and, as a scholar, a shift from national to human security. As a pioneer in contemporary theories on gender and peace, Betty A. Reardon has continually developed research on the integral relationship between patriarchy and war, and has been an outspoken advocate of gender issues as an essential aspect of peace studies, of problems of gender equity as the subject of peace research, and of gender experience as a crucial factor in defining and attaining human security. Her work evolved in the context of international women’s movements for human rights, peace and the United Nations, and is widely drawn upon by activists and educators in order to introduce a gender perspective to peace studies and education and a peace perspective to women’s studies.
Between Autonomy and Dependence: The EU Legal Order under the Influence of International Organisations
by Ramses A. Wessel and Steven BlockmansThe European Union is traditionally seen as a new and partly separate legal order within the global legal system. At the same time, the EU is an important player in the global governance network. The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order. This book addresses the relationship between the EU and other international organisations by looking at the increasing influence of norms enacted by international organisations on the shaping of EU law.
Between Competition and Free Movement: The Economic Constitutional Law of the European Community
by Julio Baquero CruzThis book takes as its starting point the interaction and gaps between the free movement and competition rules of the EC Treaty,and is the first book-length treatment of the topic. Competition and free movement are well known as fundamental elements of the Community legal order and are normally treated separately by different specialists. Hence their interaction has tended to receive less doctrinal analysis. This work bridges the gap and examines the interaction of these disparate rules using a framework which is defined by the author as the economic constitutional law of the European Community. The book then examines in depth specific issues such as, for example, the economic orientation of the constitution of the Community, the structure and principles of interpretation relating to it, or the gaps presented by this structure and the ways in which they have been filled by the European Court of Justice. Particular attention is given, in separate chapters, to two important topics: the possible extension of the application of the free movement rules to protectionist private conduct and that of the competition rules or principles extracted from them to State action. The problem of the public/private divide, a pressing one for contemporary constitutionalism and societies, is a major concern for the chapters devoted to these topics, and it is seen by the author as the central question of the economic constitutional law of the Community. The book is equally concerned with theoretical and practical issues, and will be of use and interest to academics and practitioners interested in the European Community legal order. In addition to the wealth of information it contains and its challenging analysis of the law, the book also provides a way of thinking afresh about the problems presented by these established branches of Community law.
Between Compliance and Particularism: Member State Interests and European Union Law
by Marton VarjuThe book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Between Cosmopolitan Ideals and State Sovereignty: Studies in Global Justice
by R. Tinnevelt G. VerschraegenBetween Cosmopolitan Ideals and State Sovereignty explores how philosophers and political theorists have recast principles of justice and human rights in the light of challenges posed by globalization. It discusses ethical issues that arise at a global level and considers whether human rights and sovereignty can ever be reconciled.
Between Crime and War: Hybrid Legal Frameworks for Asymmetric Conflict (ETHICS NATIONAL SECURITY RULE LAW SERIES)
by Claire Finkelstein, Christopher Fuller, Jens David Ohlin and Mitt ReganThe threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one. The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.
Between Crime and War: Hybrid Legal Frameworks for Asymmetric Conflict (ETHICS NATIONAL SECURITY RULE LAW SERIES)
The threat posed by the recent rise of transnational non-state armed groups does not fit easily within either of the two basic paradigms for state responses to violence. The civilian paradigm focuses on the interception of demonstrable immediate threats to the safety of others. The military paradigm focuses on threats posed by collective actors who pose a danger to the state's ability to maintain basic social order and, at times, the very existence of the state. While the United States has responded to the threat posed by non-state armed groups by using tools from both paradigms, it has placed substantially more emphasis on the military paradigm than have other states. While several reasons may contribute to this approach, one may be the assumption that a state must use each set of tools strictly according in accordance with the principles that underlie each paradigm. Implicit in this assumption may be the sense that the only alternative to the civilian paradigm is the unqualified military one. The chapters in this book suggest, however that we need not see the options as confined to this binary choice. It may be profitable to consider borrowing elements from each paradigm on some occasions to act more expansively than the conventional civilian paradigm allows, but less expansively than the conventional military paradigm would permit. At the same time, the mixing of the categories comes with its own ethical and legal risks that should be scrutinized.
Between Cultural Diversity and Common Heritage: Legal and Religious Perspectives on the Sacred Places of the Mediterranean (Cultural Diversity and Law)
by Silvio FerrariGoing beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.
Between Cultural Diversity and Common Heritage: Legal and Religious Perspectives on the Sacred Places of the Mediterranean (Cultural Diversity and Law)
by Silvio Ferrari Andrea BenzoGoing beyond the more usual focus on Jerusalem as a sacred place, this book presents legal perspectives on the most important sacred places of the Mediterranean. The first part of the book discusses the notion of sacred places in anthropological, sociological and legal studies and provides an overview of existing legal approaches to the protection of sacred places in order to develop and define a new legal framework. The second part introduces the meaning of sacred places in Jewish, Christian and Islamic thought and focuses on the significance and role that sacred places have in the three major monotheistic religions and how best to preserve their religious nature whilst designing a new international statute. The final part of the book is a detailed analysis of the legal status of key sacred places and holy cities in the Mediterranean area and identifies a set of legal principles to support a general framework within which specific legal measures can be implemented. The book concludes with a useful appendix for the protection of sacred places in the Mediterranean region. Including contributions from leading law and religion scholars, this interesting book will be valuable to those in the fields of international law, as well as religion and heritage studies.
Between Democracy and Law: The Amorality of Secession
by Carlos Closa Costanza Margiotta Giuseppe MartinicoThis volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
Between Democracy and Law: The Amorality of Secession
by Giuseppe Martinico Costanza Margiotta Carlos ClosaThis volume purports to explore the legal and political issues triggered by the new wave of secessionism. More specifically, those issues concern the interplay between notions of democracy (and democratic ends and means) and law (and the rule of law and constitutionalism). Against this background, the editors use amorality in order to escape the terrain of the justification of secession by making a distinction between the democratic theory of secession and the theory of democratic secession. In the first section, the theoretical nexus democracy-secession has been approached both from a legal and political theory perspective. The second section of the book examines the instruments that the theory of democratic secession invokes in order to justify secession and presents both legal and political science contributions. The third section focuses on social movements and political actors. The fourth section focuses on two case studies due to the awareness of the importance of the difference between secession in a democratic occidental context (which call into play the discussion of the democratic theories) and separations in a non-democratic context (where the nexus between secession and democracy is not really central).
Between Deontology and Justice: Chinese and Western Perspectives (Routledge Studies in Contemporary Chinese Philosophy)
by Genyou WuIn China, political philosophy is still a comparatively new academic discipline. While there is no such phrase as “political philosophy” in ancient Chinese texts, there are elements within them that could be considered part of that field. Central questions of Chinese ancient political philosophy include the legitimacy of the source of political power, the foundation of moral rationality for the use of political power, and the purpose of political activities. This book explores the ideas of rights, the foundations of law, transference of power, democracy and other topics as debated in ancient times. Focusing on important political thinkers in Chinese history, such as Kongzi, Laozi, Xu Fuguan, Liang Qichao, and Li Dazhao, the book explains characteristics that are particular to China, such as the system of abdication, the general will of the people, and the society of Great Harmony. While making comparisons between Chinese and Western political philosophy, the book also discusses how to establish a Chinese modern state and how to promote Chinese culture today so that it can influence more and more people around the world. The book will be a valuable reference for scholars of Chinese philosophy, political philosophy, and Chinese culture.
Between Deontology and Justice: Chinese and Western Perspectives (Routledge Studies in Contemporary Chinese Philosophy)
by Genyou WuIn China, political philosophy is still a comparatively new academic discipline. While there is no such phrase as “political philosophy” in ancient Chinese texts, there are elements within them that could be considered part of that field. Central questions of Chinese ancient political philosophy include the legitimacy of the source of political power, the foundation of moral rationality for the use of political power, and the purpose of political activities. This book explores the ideas of rights, the foundations of law, transference of power, democracy and other topics as debated in ancient times. Focusing on important political thinkers in Chinese history, such as Kongzi, Laozi, Xu Fuguan, Liang Qichao, and Li Dazhao, the book explains characteristics that are particular to China, such as the system of abdication, the general will of the people, and the society of Great Harmony. While making comparisons between Chinese and Western political philosophy, the book also discusses how to establish a Chinese modern state and how to promote Chinese culture today so that it can influence more and more people around the world. The book will be a valuable reference for scholars of Chinese philosophy, political philosophy, and Chinese culture.
Between Empowerment and Manipulation: The Ethics and Regulation of For-Profit Health Apps (Information Law Series #47)
by Marijn SaxPopular health apps are commercial services. Despite the promise of empowerment they offer, the tensions introduced by their data-driven, dynamically adjustable digital environments engender a potential for manipulation to which their designers and operators can easily succumb. In this important book, the author develops an ethical framework to evaluate the commercial practices of for-profit health apps, proceeding to a detailed proposal of how to legally address the exploitation, for financial gain, of users’ need for health. Focusing on the intricate tracking of users over time, coupled with the possibility to personalize the environment based on knowledge gained from tracking, the book’s in-depth analysis of popular for-profit health apps engages with such particulars as the following: the strategic framing of health in health apps; the cultural tendency to presume we are unhealthy until we have proven we are healthy; the key concepts of autonomy, vulnerability, trust, and manipulation; how health apps develop ongoing profitable relationships with users; and use of misleading and aggressive commercial practices. The author argues that the European Union’s Unfair Commercial Practices Directive, when informed by ethical considerations, offers promising legal solutions to the manipulation concerns raised by popular for-profit health apps. The book will be welcomed not only for its incisive scrutiny of the health app phenomenon but also for the light it sheds on the wider problems inherent in the digital society—what digital environments know about their users, how they use that knowledge, and for which purpose. Its progress from an ethical approach to legal solutions will recommend the book to lawyers concerned with business practices, human resources professionals, policymakers, and academics interested in the intersection of ethics and law.
Between Friends: White Lace And Promises Friends - And Then Some (Mills And Boon M&b Ser.)
by Debbie MacomberPerfect for fans of Maeve Binchy' - Candis Jillian Lawton and Lesley Adamski. Two girls from very different backgrounds.