The Experts below are selected from a list of 360 Experts worldwide ranked by ideXlab platform
Peer Zumbansen - One of the best experts on this subject based on the ideXlab platform.
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transnational comparisons theory and practice of comparative law as a critique of Global Governance
Social Science Research Network, 2012Co-Authors: Peer ZumbansenAbstract:A project seeking to assert and contrast the ‘practice’ of comparative law in distinction from the well-known and longstanding theoretical critique of the field is itself in need to define the meaning of practice. The following chapter, written for a volume edited by Jacco Bomhoff and Maurice Adams, takes up this challenge in two steps. In a first one, it revisits comparative law’s seemingly eternal self-doubt regarding its target of inquiry and its method. I will suggest that there is a great promise for comparative legal studies in the context of transnational legal pluralism as a methodological approach to the study of intersecting normative and institutional orders. In a second step, I would like to draw out the context in which current debates about comparative and transnational law are unfolding. This context- ‘Global Governance’- poses significant challenges for the role of law in what has fast become a multi-disciplinary inquiry regarding the contours and foundations of a continuously evolving Global regulatory landscape. A reflection on the regulatory aims of comparative law as transnational law, which I have been pursuing together with Russell Miller in ‘Comparative Law as Transnational Law: A Decade of the German Law Journal’ (Oxford University Press, 2012), can serve as a powerful critique of Global Governance.
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defining the space of transnational law legal theory Global Governance and legal pluralism
Law and contemporary problems, 2012Co-Authors: Peer ZumbansenAbstract:This chapter coins the perspective between "national" and "Global" Governance challenges as "transnational", in order to offer a bridge between these separately pursued research agendas. It traces the emergence of border-crossing regulatory regimes as a challenge to state-oriented legal reasoning. The chapter illustrates the parallels between the impasses of legal theorising about "Global" or "transnational" Governance with those that marked the evolution of law in the nation state. It proposes the emergence of "transnational law", and sets out the framework of transnational legal pluralism. It contends that Globalisation does not pose the first advent of a "crisis of law", understood as a tool of regulation. Instead, the varied history of law reveals the intricate combination of hubris and fragility, violence and vulnerability that underlies the idea and experience of law. Keywords:Globalisation; Governance; legal pluralism; transnational law
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defining the space of transnational law legal theory Global Governance and legal pluralism
Law and contemporary problems, 2011Co-Authors: Peer ZumbansenAbstract:Transnational law, since its iteration by Philip Jessup in the 1950s, has inspired a league of scholars to investigate into the scope, doctrine, sources and practice of border-crossing legal regulation. This paper reviews much of this preceding scholarly work and attempts to contextualize it in debates around Global Governance and Global constitutionalism. These debates are no longer confined to international lawyers or political scientists. Together with anthropologists, sociologists, geographers and legal philosophers and legal theorists, these scholars have been significantly widening the scope of their investigation. The current, multi - and interdisciplinary research into the prospects of political sovereignty, democratic Governance and legal regulation on a Global scale suggests a further continuation of such intellectual bricolage and collaboration. The here presented paper builds on a larger research project into the methodology of transnational law and suggests that we ought to revisit legal sociological insights into the emergence of legal pluralism to make sense of today’s co-evolution of ‘formal’ and ‘informal’, ‘public’ and ‘private’ laws – and social norms.
Dorotheee Baumann - One of the best experts on this subject based on the ideXlab platform.
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Global rules private actors the role of the multinational corporation in Global Governance
Baumann D. Global rules - private actors: The role of the multinational corporation in global governance. 2009 University of Zurich Faculty of Economi, 2009Co-Authors: Dorotheee BaumannAbstract:In the context of Globalization, research and practice of what is commonly referred to as “Corporate Social Responsibility” (CSR) have become increasingly popular. For example, anecdotal evidence shows that, in the Global context, private actors such as corporations or NGOs have begun to fill regulatory gaps and contribute to the provision of Global public goods (Kaul 1999, 2003; Trebesch 2008; Williams 2008). The term “CSR” currently covers a variety of corporate activities, however, it is unclear which of these actually constitute a new phenomenon (Matten et al. 2003). Moreover, there are currently no tools available by which the political role of corporations in emerging Global Governance structures can be observed and measured empirically (Rasche 2008; Smith 2003: 72). Consequently, the implementation status of “political CSR” can up to now not be assessed. This dissertation fills these research gaps. First, it theoretically develops a more specific concept for CSR: “Corporate Citizenship” (CC). Building on theories in political science and acknowledging the “political” role of corporations in Global Governance, CC establishes a new role for the corporation in the Global economy (Matten & Crane 2005). Second, the articulation of the CC concept serves as the starting point for the theoretical development of an assessment tool for the “embeddedness” of CC in organizational structures and procedures. The implications of a political role for corporations are discussed and built into the tool. Based on three dimensions of CC (commitment; structural and procedural; and interactive), the tool structures the implementation process in five learning stages (defensive, compliance, managerial, strategic, and civil). The civil stage describes political corporate behavior and corresponds with the understanding of CC of this study (Zadek 2004). Finally, the use of the assessment tool in an empirical study of five Swiss MNCs reveals that some corporations are more advanced in systematically realizing CC than others. The results also show a typical implementation pattern among the companies of the sample. All companies demonstrate a strong commitment to CC and are currently working to implement CC on a structural and procedural level. Yet the interactive dimension is weakly developed throughout the sample, even in relatively advanced companies. This causes risks for corporate legitimacy. Therefore, the final discussion of an issue-specific extension of the assessment tool presents methods for setting priorities in the approach to CC that may also facilitate corporate engagement with stakeholders. The dissertation thus clarifies the role of the corporation as a private actor in Global Governance on a conceptual and an empirical level. It contributes to our theoretical understanding of CC as a new phenomenon in Globalization and furthers the development of appropriate approaches to CC in practice.
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Global rules and private actors toward a new role of the transnational corporation in Global Governance
Business Ethics Quarterly, 2006Co-Authors: Andreas Georg Scherer, Guido Palazzo, Dorotheee BaumannAbstract:We discuss the role that transnational corporations (TNCs) should play in developing Global Governance, creating a framework of rules and regulations for the Global economy. The central issue is whether TNCs should provide Global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the Globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the Global Governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity.
Andreas Georg Scherer - One of the best experts on this subject based on the ideXlab platform.
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Global rules and private actors towards a new role of the transnational corporation in Global Governance
2007Co-Authors: Andreas Georg Scherer, Guido Palazzo, Dorothee BaumannpaulyAbstract:We discuss the role that transnational corporations (TNCs) should play in developing Global Governance, creating a framework of rules and regulations for the Global economy. The central issue is whether TNCs should provide Global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the Globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the Global Governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity.
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Global rules and private actors toward a new role of the transnational corporation in Global Governance
Business Ethics Quarterly, 2006Co-Authors: Andreas Georg Scherer, Guido Palazzo, Dorotheee BaumannAbstract:We discuss the role that transnational corporations (TNCs) should play in developing Global Governance, creating a framework of rules and regulations for the Global economy. The central issue is whether TNCs should provide Global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the Globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the Global Governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity.
Dani Rodrik - One of the best experts on this subject based on the ideXlab platform.
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putting Global Governance in its place
World Bank Research Observer, 2020Co-Authors: Dani RodrikAbstract:Greater interdependence is often taken to require more Global Governance, but the logic requires scrutiny. Cross-border spillovers do not always call for international rules. The canonical cases fo...
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putting Global Governance in its place
Social Science Research Network, 2019Co-Authors: Dani RodrikAbstract:In a world economy that is highly integrated, most policies produce effects across the border. This is often believed to be an argument for greater Global Governance, but the logic requires scrutiny. There remains strong revealed demand for policy and institutional diversity among nations, rooted in differences in historical, cultural, or development trajectories. The canonical case for Global Governance is based on two set of circumstances. The first occurs when there is Global public good (GPG) and the second under “beggar-thy-neighbor” (BTN) policies. However, the world economy is not a Global commons, and virtually no economic policy has the nature of a Global public good (or bad). And while there are some important BTN policies, much of our current discussions deal with policies that are not true BTNs. The policy failures that exist arise not from weaknesses of Global Governance, but from distortions of domestic Governance. As a general rule, these domestic failures cannot be fixed through international agreements or multilateral cooperation. The paper closes by discussing an alternative model of Global Governance called “democracy-enhancing Global Governance.” Institutional subscribers to the NBER working paper series, and residents of developing countries may download this paper without additional charge at www.nber.org.
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putting Global Governance in its place
Research Papers in Economics, 2019Co-Authors: Dani RodrikAbstract:In a world economy that is highly integrated, most policies produce effects across the border. This is often believed to be an argument for greater Global Governance, but the logic requires scrutiny. There remains strong revealed demand for policy and institutional diversity among nations, rooted in differences in historical, cultural, or development trajectories. The canonical case for Global Governance is based on two set of circumstances. The first occurs when there is Global public good (GPG) and the second under "beggar-thy-neighbor" (BTN) policies. However, the world economy is not a Global commons, and virtually no economic policy has the nature of a Global public good (or bad). And while there are some important BTN policies, much of our current discussions deal with policies that are not true BTNs. The policy failures that exist arise not from weaknesses of Global Governance, but from distortions of domestic Governance. As a general rule, these domestic failures cannot be fixed through international agreements or multilateral cooperation. The paper closes by discussing an alternative model of Global Governance called "democracy-enhancing Global Governance."
Thomas J Biersteker - One of the best experts on this subject based on the ideXlab platform.
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the emergence of private authority in Global Governance
Foreign Affairs, 2002Co-Authors: Rodney Bruce Hall, Thomas J BierstekerAbstract:Part I. Introduction: Theorizing Private Authority: 1. The emergence of private authority in the international system Rodney Bruce Hall and Thomas J. Biersteker 2. Private regimes and inter-firm cooperation A. Claire Cutler Part II. Market Authority: Globalization and 'Globaloney': 3. Economic Governance in an electronically networked Global economy Stephen J. Kobrin 4. Global markets, national authority and the problem of legitimation: the case of finance Louis W. Pauly 5. The state and Globalization Saskia Sassen Part III. Moral Authority: Global Civil Society and Transnational Religious Movements: 6. 'Regulation for the rest of us?' Global civil society and the privatisation of transnational regulation Ronnie D. Lipschutz and Cathleen Fogel 7. The Global dimensions of religious terrorism Mark Juergensmeyer Part IV. Illicit Authority: Mafias and Mercenaries: 8. Transnational organized crime and the state Phil Williams 9. The return of the dogs of war? The privatisation of security in Africa Bernadette Methuen and Ian Taylor Part V. Conclusions and Directions: 10. Private authority as Global Governance Thomas J. Biersteker and Rodney Bruce Hall.
