Download or read book Adjudicating Global Business in and with India written by Leïla Choukroune and published by Routledge. This book was released on 2021-07-22 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Download or read book Globalisation Impacts written by Amitendu Palit and published by Springer Nature. This book was released on 2022-01-04 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reviews globalisation by identifying causes behind the discontent it has produced in recent years. It variously engages in economics, political economy, development and policy discourses to study experiences of countries and institutions in managing and adjusting to globalisation. Extending the analysis to latest global developments, including the remarkable advance of technology and digitalisation, and political and economic upheavals caused by COVID19, the book collects varied academic perspectives and reflects on the present as well as future. Comprising chapters written by distinguished academics and policy experts, the book is a rare collection of cross-disciplinary objective evaluations of globalisation.

Download or read book International Human Rights and Local Courts written by Aksel Tømte and published by Taylor & Francis. This book was released on 2024-04-29 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia.

Download or read book International Economic Law written by Leïla Choukroune and published by Cambridge University Press. This book was released on 2021-07-22 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.

Download or read book Small and Medium Enterprises Law and Business written by Jan Winczorek and published by Taylor & Francis. This book was released on 2023-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies.

Download or read book Implementing Business and Human Rights Norms in Africa Law and Policy Interventions written by Oyeniyi Abe and published by Routledge. This book was released on 2022-05-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.

Download or read book The Limits and Logic of Agency Theory in Company Law written by Jonathan Hardman and published by Taylor & Francis. This book was released on 2024-09-12 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Agency theory is ubiquitous in company law. This book explores (a) the limits of such deployment, and (b) the logic of how to deploy it. The book makes five linked arguments in respect of the limits of agency theory in company law. First, it argues that agency theory has become so broad that it can be used to analyse most human relationships. Such breadth, though, comes at the expense of legal clarity: as agency relationships cover such a broad range of relationships, there are no normative legal conclusions that can be drawn merely from identifying such a relationship. Second, it argues that we need to differentiate more specific concepts with clearer legal implications, such as externalities, and the particular manifestation of moral hazard that appears in insurance dynamics. Third, it argues that considerable amounts of existing company law theory - which is ostensibly built from agency theory - is in fact based on a series of hidden value judgments at each stage of the analysis. Fourth, it argues that company law theory should use agency theory less to rebalance the discipline: agency theory has become hegemonic, which is dangerous for the discipline, obscures company law’s role in establishing incentives, undermines accountability, and reduces company law’s autonomy. The book then moves to the logic of agency theory and makes three arguments. First, it argues that we need to factor in the company, only apply agency theory to voluntary interactions, and foreground our value judgments when identifying agency relations to do it properly. Second, it argues that it is rational to incur agency costs when we perceive the benefits of doing so to outweigh the costs, meaning that agency costs can be facilitative and we should look to front-end them rather than universally minimise them. Third, it argues that this needs to be undertaken through mandatory laws. Exploring the external limits and internal logic of agency cost analysis, this book will be of interest to academics, students, and researchers of corporate and company law.

Download or read book Corporate Group Legitimacy written by Peter Underwood and published by Taylor & Francis. This book was released on 2024-08-01 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the legitimacy of corporate power wielded by corporate groups, integrating legal doctrine, economic analysis, and theoretical approaches. It reassesses how corporate groups can maintain legitimacy whilst exercising corporate power. Corporate groups are a prominent commercial feature of many jurisdictions and present unique challenges. The book argues that when analysed through the lens of corporate social responsibility, a legitimacy deficiency emerges. This arises from a lack of historical debate, diluted control mechanisms, and inflated growth, utilising unique features of the corporate group. It explores how the magnified power of the corporate group presents acute challenges for corporate legitimacy. Data is utilised alongside current examples of corporate groups which identify structural architectural patterns. It explores new technologies such as Artificial Intelligence and blockchain as ways of attaining legitimacy. It presents methods of attaining legitimacy for the continued wielding of power to be held within corporate groups. This book spans several research interests under the corporate law umbrella. It will be of interest to traditional black letter company lawyers. Additionally, it will be of interest to those who have an interest in business and those who are interested in the role of technology.

Download or read book Corporate Law and Climate Change written by Andrew Clarke and published by Taylor & Francis. This book was released on 2024-08-26 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of the impact of the climate crisis on corporate law and theory in the coming decades as the world seeks to meet the target of net zero carbon emissions by 2050. Net zero targets are a particular challenge for an economy such as Australia which has a historical reliance on fossil fuels, and powerful interests arguing for the continued use of coal and gas. The book examines four recent corporate case studies in Australia. The first two follow the Adani group of companies and coal in Queensland and Rio Tinto and the destruction of ancient rock shelters in the midst of iron ore mining in WA. The book then covers the pension fund member Mark McVeigh, issuing proceedings against REST super in relation to long-run investment decisions and the need to take into account climate risk. Finally, it discusses Sharma, a representative action taken by school children against the Federal government in relation to expansion plans in relation to fossil fuels alleging breach of the duty of care. These case studies highlight some of the key trends and challenges in the intersection between corporate activity and the need to account for climate risk and adaptation, with Australia as a G20 economy having much to contribute to the global debate. The book will be of interest to students and researchers in the field of climate and environmental law, as well as corporate law and theory.

Download or read book Corporate Governance and Statutory Derivative Actions written by Lang Thai and published by Taylor & Francis. This book was released on 2023-09-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.

Download or read book Legal and Ethical Standards in Corporate Insolvency written by Elizabeth Streten and published by Taylor & Francis. This book was released on 2024-06-17 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent financial crisis and the global financial impacts of the COVID-19 pandemic have brought renewed interest to the regulation and practice of corporate insolvency and restructuring. Modernisation of the insolvency profession, and the regulation of its practitioners, is a contemporary concern and recent years have seen significant reforms of insolvency law. The success of such reforms can be enhanced through a clear understanding of difficulties faced by the insolvency profession in achieving successful restructuring and insolvency outcomes and through the determination of effective solutions to those difficulties. However, there is limited empirical data to inform the day-to-day practice of insolvency, nor the difficulties experienced by insolvency practitioners in pursing insolvency and restructuring solutions. This book addresses this absence of data and understanding, examining the role and practice of corporate insolvency practitioners and exploring the challenges that they encounter. Offering an empirical study together with a comparative analysis of the experiences of practitioners around the world, this book facilitates a greater understanding of corporate insolvency practice, confronting a misunderstanding of, and under-confidence in, corporate insolvency practitioners, making it key reading for academics, practitioners and regulators working in the area of corporate insolvency.

Download or read book The Enlightened Shareholder Value Principle and Corporate Social Responsibility written by Taskin Iqbal and published by Routledge. This book was released on 2021-07-07 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Enlightened Shareholder Value principle and Corporate Social Responsibility are areas of increasing academic and research interest. However, discussions on the ESV principle in relation to CSR are very limited. This book provides a critical analysis of the impact of the concept of ESV, embedded in the Companies Act 2006, on CSR and explores the scope for reform. Along with analysing existing empirical research, it presents the findings of an empirical study conducted to determine whether the concept of ESV is capable of promoting or assisting CSR. The book also examines whether implementing an ESV approach has had any impact on the CSR practices of multinational corporations that originate in the UK and operate in developing nations, as in order to assess whether the ESV principle links to CSR both its domestic and international impact need to be considered. This analysis was undertaken through the lens of a case study on the ready-made garment industry in Bangladesh, with some focus on the Rana Plaza factory disaster. This study also assists in demonstrating the changes that need to be made to improve the current situation. Lastly, the book addresses the need for reform in the area and provides possible suggestions for reform. This interdisciplinary book will be of great interest to students and scholars of corporate law, corporate governance and business studies in general as well as policymakers, NGOs and government departments in many countries around the world working in the fields of CSR, sustainability and global supply chains.

Download or read book India and the European Union in a Turbulent World written by Rajendra K. Jain and published by Springer Nature. This book was released on 2020-07-16 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines how the European Union, which in the past had tended to be seen by India as an undervalued partner, is now increasingly part of most conversations in fields like the economy, technology, standards, best practices, development, defence and security. The book shows that the renewed focus on Europe is the result of changing geopolitics, India’s own priorities, Europe’s growing relevance in the post-Brexit era, China’s expanding footprint in the continent, and the search for alternatives to the loss of the UK as the gateway to Europe. The uncertainty inherent in the Brexit process and with the UK ceasing/having ceased to be the traditional gateway to Europe, India has been compelled to revisit, re-examine and rethink its own policies towards Europe and search for alternatives to Britain.

Download or read book EU India Relations written by Philipp Gieg and published by Springer Nature. This book was released on 2021-02-27 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: India and the European Union bear a particular responsibility: as international relations change, not least because of the global COVID-19 pandemic, the two largest democracies in the world have the unique potential to jointly demonstrate that trusting cooperation and mutual understanding are both indispensable and fruitful—all the more so in the context of increasing national egoism and disregard for the fundamental principles of multilateralism. This realisation is not new. Believing in the necessity and mutual benefit of close cooperation, India and the EU struck a strategic partnership in 2004. But resounding success in forging closer bilateral ties and promoting an inclusive, rules-based global order has proved elusive. Since 2016, however, the EU’s Global Strategy has offered new opportunities for a restart of European foreign policy, envisaging new partnerships and recalibrating existing ones. On India’s part, too, changing stances have presented new openings—with New Delhi criticising protectionism and calling for a strengthening of multilateralism. This timely book scrutinises the status quo and the future potential of revitalised EU-India relations. By exploring and analysing conceptual approaches to and key dimensions of the strategic partnership, including trade, climate policy and development cooperation, it evaluates the prospects for future cooperation. Lastly, it offers policy recommendations for advancing the partnership between India and the EU.

Download or read book India Company Laws and Regulations Handbook Volume 1 Strategic Information and Regulations written by IBP, Inc. and published by Lulu.com. This book was released on 2017-07-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: India Company Laws and Regulations Handbook - Strategic Information and Basic Laws

Download or read book International Commercial Courts written by Stavros Brekoulakis and published by Cambridge University Press. This book was released on 2022-04-21 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Download or read book India Doing Business and Investing in India Guide Volume 1 Strategic Practical Information and Contacts written by IBP, Inc. and published by Lulu.com. This book was released on 2015-06 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: India: Doing Business and Investing in ... Guide Volume 1 Strategic, Practical Information, Regulations, Contacts