scholarly journals Entangled Legalities Beyond the State

2021 ◽  

Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access.

Author(s):  
Natascha van Hattum-Janssen ◽  
Maria Sanchéz-Fernandéz ◽  
Susana Caires ◽  
Sheila Kahn

Corporate Social Responsibility (CSR) is a concept related to the need for companies to be not only competitive but also sustainable and refers to and the relationship of the company with its social and environmental surroundings, including labour issues [1]. CSR is also gaining attention within Higher Education, being related to a wide range of activities taking place at universities, especially the environmental dimension [2].


Author(s):  
Martti Koskenniemi

This chapter introduces the themes and the chapters of the book. It points out that there has been no clear tradition of research on the relations of ‘international law’ and ‘religion’. Hence, for the production of this work, there was no stable ground. The editors have tried to avoid pronouncing on the value of ‘more’ or ‘less’ intense engagement between international law and religion; instead the point has been to focus the various, often hidden forms of their alliance. Any study of ‘religion’ and ‘international law’ must confront the fact that both terms are complex wholes of ideas and practices whose scope and meaning is contested by people most intimately connected to them. Even to ask the question of the ‘relationship of international law and religion’ is scarcely more than to gesture towards further inquiries and research agendas about how each entity should be best approached.


2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.


2010 ◽  
Vol 23 (3) ◽  
pp. 507-527 ◽  
Author(s):  
DANIEL JOYCE

AbstractThis article considers the relationship of international law and the media through the prism of human rights. In the first section the international regulation of the media is examined and visions of good, bad, and new media emerge. In the second section, the enquiry is reversed and the article explores the ways in which the media is shaping international legal forms and processes in the field of human rights. This is termed the ‘mediatization of international law’. Yet despite hopes for new media and the Internet to transform international law, the theoretical work of Jodi Dean warns of the danger to democracy of commodification through the spread of ‘communicative capitalism’.


2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.


2018 ◽  
Vol 25 (9) ◽  
pp. 4125-4138 ◽  
Author(s):  
Sami R.M. Musallam

PurposeThe purpose of this paper is to investigate the direct and indirect effect of the existence of risk management on the relationship between audit committee and corporate social responsibility (CSR) disclosure in Palestine.Design/methodology/approachThe study utilizes a panel data of 31 Palestinian listed companies from 2010 to 2016. It also utilizes structural equation modeling (SEM) model.FindingsThe results of SEM model find a significant positive relationship of the existence of risk management, audit committee meeting and audit committee size with CSR disclosure. However, audit committee financial expertise has a significant negative relationship with CSR disclosure. The results also find a significant relationship of audit committee meeting and audit committee financial expertise with CSR disclosure through the existence of risk management.Practical implicationsThis study is important to policymakers, accounting professionals and shareholders on the extent to which audit committee related to such committee efficiency in monitoring CSR disclosure.Social implicationsThis study adds to the existing literature by investigating the direct and indirect effect of the existence of risk management on the relationship between audit committee and CSR disclosure in Palestine as one of the youngest market in region that assists to test the validity of agency theory in a young and small emerging market context.Originality/valueIt is the first study to investigate the direct and indirect effect of the existence of risk management on the relationship between audit committee and CSR disclosure in Palestine.


1992 ◽  
Vol 262 (6) ◽  
pp. S9 ◽  
Author(s):  
E Bowdan

Regulation of feeding is a fundamental element of homeostasis. This is reflected in the similarity of control mechanisms in a wide range of animals, including insects and humans. A close examination of feeding behavior can illuminate the physiological processes driving regulation. A simple, inexpensive method for recording fine details of feeding by caterpillars is described. Possible experiments, interpretation of the data, and the relationship of observations to the underlying physiology, are outlined.


1998 ◽  
Vol 44 (12) ◽  
pp. 1115-1136 ◽  
Author(s):  
M J Butler ◽  
A W Day

The relationship of polyketide melanogenesis molecular biology to that of nonmelanin-producing pathways in a wide range of fungi and other organisms is discussed. Analytical methods and fundamental properties of melanins are discussed and fungal melanin properties are compared with those of animal and bacterial melanins. The enzymatic degradation of melanins by lignin peroxidases is described.Key words: fungal melanin, polyketide melanin, DHN melanin, melanin degradation, melanin properties, melanin analysis.


Author(s):  
Nguyễn Văn Anh ◽  
Thảo Thị Phương Nguyễn

In recent years, consumers are increasingly interested in corporate social responsibility activities for the community. Many companies have begun to focus on CSR activities as it can contribute to improving the company's image in customer's perception. In Vietnam, although there are also some studies about CSR, the quantity is limited and there are certain limitations. Therefore, this study aims to evaluate the relationship between CSR activities and customer loyalty through trust, customer company identify, and satisfaction. With the data being collected by survey questionnaires, the authors test the model and research hypotheses by using PLS-SEM techniques. The results show that CSR activities have a positive impact on customer loyalty through factors of trust, customer company identify, and customer satisfaction. This study helps business managers to develop effective policies and to have a new perspective on CSR activities as well as its values. In addition, the positive outlook of the customers on the business will bring many benefits, contributing to improving the brand value and reputation, enhancing competitive advantages towards sustainable development.


AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 389-393
Author(s):  
Benjamin J. Appel

Sara Mitchell and Andrew Owsiak's examination of the impact of UN Convention on the Law of the Sea (UNCLOS) and Article 287 declarations on the peaceful resolution of maritime disputes significantly advances the literature on the relationship between international law/international courts and maritime issues. To their credit, the authors employ a wide range of empirical tests in the article to provide readers with confidence in the empirical results. Nonetheless, there are some important limitations in their approach. Drawing on insights from the causal inference literature, I argue that Mitchell and Owsiak's empirical analyses suffer from two biases that both (1) raise concerns about the causal relationships identified in the article, and (2) suggest some important scope conditions in its empirical findings. I investigate the biases and propose suggestions for legal scholarship to produce more credible results.


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