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The Role of Cities in International Relations: The Third-generation of Multi-level Governance? (Cities series)

Concerns about the position and function of nation-states in the international arena have led to a growing interest in the role of cities in international relations. This timely book advances the argument that cities are becoming active and informal actors in international law-making, indicating the emergence of a ‘third generation’ of multi-level governance. Expansive in scope, the book investigates various areas of city cooperation such as the economy, migration, security, sustainable development, ecology, and the position of cities in international law. Interviews conducted with the official representatives of several cities and international institutions, including UN-Habitat, the EU Committee of the Regions, and the Congress for Local and Regional Authorities of the Council of Europe, offer key insights into the most pressing urban issues of the 21st century. Examining the latest information on the international activities of cities, this engaging book explores the possibility that cities may soon reach the level of international subjects, capable of both implementing and creating international law. Contributing to the under-represented literature on the evolving function of cities in the modern world, this prescient book will be of interest to academics and students of urban studies, international relations, political science, and international law. City authorities dealing with international cooperation will benefit from its consideration of further development opportunities.

The Role of Civil Society in Africa’s Quest for Democratization (Advances in African Economic, Social and Political Development #5)

This book tests many of the assumptions, hypotheses, and conclusions connected with the presumed role of civil society organizations in the democratization of African countries. Taking a comparative approach, it looks at countries that have successfully democratized, those that are stuck between progress and regression, those that have regressed into dictatorship, and those that are currently in transitional flux and evaluates what role, if any, civil society has played in each instance. The countries discussed—South Africa, Ghana, Nigeria, Ethiopia, Egypt and Tunisia—represent a diverse set of social and political circumstances and different levels of democratic achievement, providing a rich set of case studies. Each sample state also offers an internal comparison, as each has historically experienced different stages of democratization. Along the course of each case study, the book also considers the effect that other traditionally studied factors, such as culture, colonization, economic development and foreign aid, may have had on individual attempts at democratization. The first extensive work on civil society and democratization in Africa, the book adds new insights to the applicability of democratization theory in a non-Western context, both filling a gap in and adding to the existing universal scholarship. This book will be useful for scholars of political science, economics, sociology and African studies, as well as human rights activists and policy makers in the relevant geographical areas.

The Role of Competitors in the Enforcement of State Aid Law (Hart Studies in Competition Law)

This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.

The Role of Competitors in the Enforcement of State Aid Law (Hart Studies in Competition Law #16)

This book explores the tools that the European rules on State aid place in the hands of competitors when it comes to fighting subsidies and other state measures of financial assistance to firms. In order to do so, the book scrutinises the means of redress available to competitors before national courts (private enforcement), as well as the opportunities that they have to make their voice heard in the course of the European Commission's enforcement procedures (public enforcement). The insights provided by the book lead to a better understanding of the rights of private parties under the rules and practices that govern the enforcement of State aid law.

The Role of Consent in Human Trafficking

Human trafficking is consistently featured on the global political agenda. This book examines the trafficking of adult female victims for sexual exploitation, and specifically the understanding of consent and its influence in the identification and treatment of trafficking victims. Jessica Elliott argues that when applied to situations of human trafficking, migration and sexual exploitation, the notion of consent presents problems which current international laws are unable to address. Establishing the presence of 'coercion' and a lack of consent can be highly problematic, particularly in situations of human trafficking and exploitative prostitution; activities which may be deemed inherently coercive and problematically clandestine. By examining legal definitions of human trafficking in international instruments and their domestic implementation in different countries, the book explores victimhood in the context of exploitative migration, and argues that no clear line can be drawn between those who have been smuggled, trafficked, or 'consensually trafficked' into a situation of exploitation. The book will be great use and interest to students and researchers of migration law, transnational criminal law, and gender studies.

The Role of Consent in Human Trafficking

Human trafficking is consistently featured on the global political agenda. This book examines the trafficking of adult female victims for sexual exploitation, and specifically the understanding of consent and its influence in the identification and treatment of trafficking victims. Jessica Elliott argues that when applied to situations of human trafficking, migration and sexual exploitation, the notion of consent presents problems which current international laws are unable to address. Establishing the presence of 'coercion' and a lack of consent can be highly problematic, particularly in situations of human trafficking and exploitative prostitution; activities which may be deemed inherently coercive and problematically clandestine. By examining legal definitions of human trafficking in international instruments and their domestic implementation in different countries, the book explores victimhood in the context of exploitative migration, and argues that no clear line can be drawn between those who have been smuggled, trafficked, or 'consensually trafficked' into a situation of exploitation. The book will be great use and interest to students and researchers of migration law, transnational criminal law, and gender studies.

The Role of Corporate Sustainability in Asian Development: A Case Study Handbook in the Automotive and ICT Industries (Advances in Business Ethics Research #7)

This book examines the challenges faced by seven multinational companies - Intel, Lenovo, Samsung Electronics, ZTE, BMW Hyundai Motor Company, Mahindra and Mahindra - in their endeavour to contribute to the economic, environmental and social development of Asia. The lessons learned from the examination of these business practices may directly contribute to an increase in the practice of sustainable management and may as such contribute to positive economic, environmental and social impact of companies in this region. The cases are highly relevant for management theoreticians seeking to deepen our understanding of corporate sustainability in an area where scholars, practitioners and policy-makers can expect new questions, problems and challenges in the years ahead. The book is also of high interest to policy review agencies, policy makers and welfare economists seeking to support the development of a comprehensive sustainability framework for managing social and environmental issues in the context of Asia.

Role of Domestic Courts in the Settlement of Investor-State Disputes: The Indian Scenario

This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few.Excerpt from the Foreword:“One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like…”- George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA

The Role Of Domestic Courts In Treaty Enforcement: A Comparative Study (PDF)

This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis shows that domestic courts in eight of the twelve countries - Australia, Canada, Germany, India, the Netherlands, Poland, South Africa, and the United Kingdom - generally do enforce treaty-based rights on behalf of private parties. On the other hand, the evidence is mixed for the other four countries: China, Israel, Russia, and the United States. In China, Israel, and Russia, the trends are moving in the direction of greater judicial enforcement of treaties on behalf of private parties. The United States is the only country surveyed where the trend is moving in the opposite direction. US courts' reluctance to enforce treaty-based rights undermines efforts to develop a more cooperative global order. 9780521877305

The Role of Ecological Chemistry in Pollution Research and Sustainable Development (NATO Science for Peace and Security Series C: Environmental Security)

Sustainable Development has become the leading concept of the 21 century. It describes a development, which agrees with the needs of the present generation but does not endanger the chances of the coming generations to satisfy also their needs. “Sustainable development” has become an important general goal for all fields of life like economy, ecology and social balance. The development and shaping of our future has been discussed internationally like on the summits of the Conferences in Rio and in Johannesburg. But this is also a topic on national base in various countries. Leading authorities in various fields of economy and politics have also accepted this concept. Although the concept of sustainable development has been generally accepted, there are still problems how to achieve and evaluate these general goals. It is clear that the definitions about the prime needs vary from man to man, from country to country and from continent to continent. But pollution does not respect national borders. Therefore, it is necessary to develop the politics of economy, ecology and social demands by a synergistic way that they are strengthened by each other. If it is not possible to stop tendencies, which threaten the future quality of life, the cost demands of societies will dramatically increase and negative tendencies will become irreversible.

The Role of Financial Stability in EU Law and Policy

Since the outbreak of the 2008 financial crisis, European Union (EU) institutions and Member States have engaged in a major effort to repair the architecture of economic governance of the European Economic and Monetary Union (EMU). This book takes as its starting point the unclear notion of financial stability, which only recently has received a more detailed legal analysis. It examines the evolution of the concept of financial stability during the financial crisis and provides a conceptual framework in order to demonstrate that financial stability has become a foundational objective in Europe and has set a new normative framework in EU law and policy. Arguing that financial stability is a foundational objective in EU law and policy based on certain normative instruments, this ground-breaking book provides an in-depth and original understanding of the newly developed framework to attain supranational financial stability. In its analysis of the legal implications of these new instruments, the study examines topics and issues such as the following: - the concept and normative instruments of financial stability at European level; - the renewed economic governance in Europe; - the financial assistance mechanisms developed in Europe; - the new regulatory environment for banks at European level; - the Single Supervisory Mechanism and the role of the European Central Bank (ECB) therein; and - the new framework for banking resolution, with specific focus on the Single Resolution Mechanism. The author shows in detail how an appropriate level of supranational regulation, supervision, burden-sharing and rescue measures strengthen financial stability. Thereby, the book will appeal to officials in EU institutions and agencies as well as lawyers and academics in EU law and in banking/financial law to gain a clear understanding of role of financial stability and its normative instruments in EU law and policy. Gianni Lo Schiavo is currently working as a lawyer at the ECB. He obtained a PhD in EU Law at King's College, London, and has written numerous articles and chapters in EU administrative law, EU financial/banking law and EU competition law.

The Role of Fraternity in Law: A Comparative Legal Approach (Routledge-Giappichelli Studies in Law)

This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

The Role of Fraternity in Law: A Comparative Legal Approach (Routledge-Giappichelli Studies in Law)

This collection discusses the concept of fraternity and examines the issue of its role in law. Since the end of World War II, fraternity has been cited in several national constitutional charters, in addition to the United Nations Universal Declaration of Human Rights. But is there space for fraternity in law? The contributions to this book form an ideal “bridge” between the past and present to trace the different pathways taken to address the meaning of fraternity, and to identify its possible legal relevance. The book lays out paths that have placed fraternity in varied and challenging legal contexts in an age of globalization and conflict, where the multiplicity of national and supranational sources of law seems to show its inadequacy to govern complexity, and coexistence between diversities that appear irreconcilable. The purpose is not to recover fraternity as a forgotten principle, but to reimagine it today to address the aim and force of law within a plurality of cultures. The analysis considers a possible universal dimension that models unity within diversity, and aspires to serve as a prologue to a transition from research to dialogue between different legal systems and traditions. The book will be of interest to academics and researchers working in the areas of Comparative Law, Legal History and Legal Philosophy.

The Role of Governance Structure in the Context of Crisis Management: An Empirical Analysis on a German Sample of Non-Family and Family Businesses

​Both practitioners and scholars agree that organizations that are ready to cope with crisis should be better able to manage it than organizations which are not prepared. As, due to their company characteristics, family businesses are exposed to additional causes of crisis beyond the usual causes all companies face, preparing for crisis is of specific importance to them.Based on empirical investigations, Pedram Faghfouri shows that non-family businesses are more likely to prepare for crisis when compared to family businesses. The author’s findings let further suggest that the existence of a supervisory board has a positive effect on the degree of crisis readiness of a family business. Moreover, in family businesses with supervisory boards, the involvement of family members in the top management team seems to have a negative effect on the degree of crisis readiness.

The Role of Government in Water Markets

While water is an increasingly scarce resource, most existing methods to allocate it are neither economically nor environmentally efficient. In these circumstances, water markets offer developed countries a form of regulatory response capable of overcoming many of the shortcomings of current water management. The debate on water markets is, however, a polarized one. This is mostly a result of the misunderstanding of the roles played by governments in water markets. Proponents mistakenly portrayed them as leaving governments, for the most part, out of the picture. Opponents, in turn, understand commodification of water and administration by public agencies as incompatible. Casado Pérez argues that both sides of the debate overlook that water markets require a deeper and more varied governmental intervention than markets for other goods. Drawing on economic theories of regulation based on market failure, she explains the different roles governments should play to ensure a well-functioning water market, and concludes that only the visible hand of governments can ensure the success of water markets. Casado Pérez proves her case by examining case studies of California and Spain to assess the success of their water markets. She explores why water markets were more extensively institutionalized in California than in Spain in the first ten years since their introduction and how the role of governments in each case study impacted water market operation. This unique analysis of governmental roles in water markets, alongside qualitative studies of California and Spain, offers valuable guidance to understand environmental markets and to face the challenges presented by water management in regions with periodical droughts.

The Role of Government in Water Markets

While water is an increasingly scarce resource, most existing methods to allocate it are neither economically nor environmentally efficient. In these circumstances, water markets offer developed countries a form of regulatory response capable of overcoming many of the shortcomings of current water management. The debate on water markets is, however, a polarized one. This is mostly a result of the misunderstanding of the roles played by governments in water markets. Proponents mistakenly portrayed them as leaving governments, for the most part, out of the picture. Opponents, in turn, understand commodification of water and administration by public agencies as incompatible. Casado Pérez argues that both sides of the debate overlook that water markets require a deeper and more varied governmental intervention than markets for other goods. Drawing on economic theories of regulation based on market failure, she explains the different roles governments should play to ensure a well-functioning water market, and concludes that only the visible hand of governments can ensure the success of water markets. Casado Pérez proves her case by examining case studies of California and Spain to assess the success of their water markets. She explores why water markets were more extensively institutionalized in California than in Spain in the first ten years since their introduction and how the role of governments in each case study impacted water market operation. This unique analysis of governmental roles in water markets, alongside qualitative studies of California and Spain, offers valuable guidance to understand environmental markets and to face the challenges presented by water management in regions with periodical droughts.

The Role of Human Rights in Foreign Policy

Governments use human rights both as a tool and as an objective of foreign policy. The Role of Human Rights in Foreign Policy analyses conflicting policy goals such as peace and security, economic relations and development co-operation. The use of diplomatic, economic and military means is discussed, together with the role of state actors, intergovernmental organizations and non-state actors.

The Role of Human Rights in Foreign Policy: Human Rights, International Organizations And Foreign Policy - Essays In Honour Of Peter Baehr

The Role of Institutional Investors in Corporate Governance: An Empirical Study

What role do independent institutional investors play in the corporate governance of listed German companies? The authors provide insight into an empirical and qualitative research study, exploring the importance of communication and the role, independence and expertise, responsibilities, influence and monitoring of institutional investors.

The Role of Integrity in the Governance of the Commons: Governance, Ecology, Law, Ethics

This book explores the impact of disintegrity on various aspects of governance, as the disregard of ecological conditions produce grave direct effects to human rights (to water or food) and, indirectly, also to human security in several ways. International legal regimes need to be reconsidered and perhaps re-interpreted, in order to correct these situations that affect the commons today.Some believe that our starting point should acknowledge the impact we already have on the natural world, and accept that we now live in the "anthropocene". Others think that the present emphasis on sustainable development needs to be re-defined. Finally, many believe that reconnecting with moral principles both in professional life and in governance in general represents a necessary first step.

The Role of Law and Ethics in the Globalized Economy (MPI Studies on Intellectual Property and Competition Law #10)

Preface International conferences are not organized overnight—especially not when high ranking personalities from politics, business and academia should be offered an adequate platform for addressing and discussing highly relevant contemporary issues. The conference on “The Role of Law and Ethics in the Globalized Economy,” which took place on May 22 and 23, 2008 in the Bavarian Academy of Sciences and Humanities in Munich, was no exception. When the first preparations started at the end of 2006, neither the subprime crises nor the general crises of the global financial system, whose shock waves have rocked the financial businesses in subsequent months, were known; nor were they predictable or even imaginable. Based on our monitoring of the globalization process and its apparent impact—not only on the economic and technological environment, but also on the social en- ronment—it was appropriate for the conference to begin by serving as a platform for analysing the status quo of the process of globalization, as relevant to politics, business and academia, and for exploring how the interest groups in those domains cope with the challenges of globalization. In the end, however, the purpose of the conference was to produce proposals for conditions for “upwards” global compe- tion, meaning that minimum conditions should be worked out to enable people to live and labour humanely. Such conditions would be those which should help avoid otherwise inevitable frictions in society, both nationally and internationally.

The Role of Law in China’s Economic Development, 1978–2011: A Study in Law and Political Economy

This book concerns how China's legal institutions promoted its economic growth and demonstrates that the law has played different roles at various stages of China's economic transformation, a signal of legal paradigm shifts in reaction to the changing political and economic pursuits.By decomposing the role of law in the process, the author argues that while the Chinese economy was transforming from a planned economy to a market-oriented one, the law also made its adjustment as a response—the Chinese legal system was evolving from the one consisting of primarily substantive laws to the one filled with high-level formal laws by the end of the last century. The above observation of legal formalization is further consolidated by introducing the particularities of China's legal education in those years—a topic rarely dealt with yet of significance to comprehensively understand the Chinese legal system in practice. Overall, the present book argues against the modernization theory and determinism that would anticipate a similar developmental path globally and shows that the relationship between law and economic development is contingent. Therefrom, this study weighs in the law and development debate and breaks a perception of static law in the economy by rejecting the conventional perception of established legal institutions as a precondition of modernity.Hence, this book could appeal to legal scholars and sociologists interested in reevaluating western theories of free economy and its relationships to the law. In addition, scholars interested in research methodology would find the perspective of paradigm shifts in interpreting China's transformations a helpful analytical framework in research. Moreover, policymakers and legislators concerned about the characteristics of law for economic results would also find the book useful.

The Role of Law in Governing Sustainability (Routledge/ISDRS Series in Sustainable Development Research)

This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development.

The Role of Law in Governing Sustainability (Routledge/ISDRS Series in Sustainable Development Research)

This book explores how public and private actors can interrelate to achieve also by means of law a sustainable development which is beneficial for the environment, society and the economy. The Role of Law in Governing Sustainability assesses the structure, functions and perspectives of law in the wider governance frameworks of sustainable development. It provides latest and in-depth insights from each of the three dimensions of sustainable development and the relations among them. Latest political developments on global and regional level related to the environmental, social and the economic dimensions are provided as well as in-depth case studies. Thereby the book explores how international and national laws and governance can help us move towards a more sustainable future. This book will be of great interest to students and scholars of environmental law, global governance and sustainable development.

The Role of Law in Transboundary River Basin Disputes: Cooperation and Peaceful Settlement (Earthscan Studies in Water Resource Management)

This book examines the role legal rules play in the resolution of disputes in transboundary river basins. When states fail to resolve disputes over shared water resources, many cast such failures on inadequate or ineffective legal rules. With this view in mind, this book examines the role that legal rules do, and can, play in aiding the peaceful settlement of disputes and furthering cooperation between different parties. Building on the interactional theory of law, this book formulates three analytical frameworks: the effect of norm-generating processes, the effects of water-related agreements and/or arrangements in the basins, and the effect of international water. It uses these frameworks to assess the role of law in the processes of cooperation and peaceful settlement of disputes on transboundary river basin by drawing on four illustrative case studies: the Jordan River Basin, the Nile River Basin, the Mekong River Basin, and the Indus River Basin. In doing so, this book presents a unique perspective on the multi-functional role of legal rules in those processes. Tapping into the global discussion on water security and water-related conflicts, this book stimulates readers to explore broader or interdisciplinary perspectives for understanding water-related issues. This book will be of great interest to students and scholars interested in water resource management, water law, environmental politics, conflict resolution, and sustainable development more generally.