Transnational Private Regulatory Governance: Ambiguities of Public Authority and Private Power

The continuing proliferation of transnational private regulatory governance challenges conceptions of legal authority, legitimacy and public regulation of economic activity. The transnational law merchant or, lex mercatoria, is a case in point in this context, as it represents a laboratory for the exploration of “private” contractual governance in a context, in which the assertion of public or private authority has itself become contentious. The ambiguity surrounding many forms of today’s contractual governance in the transnational arena echoes that of the far-reaching transformation of public regulatory governance, which has been characteristic of Western welfare states over the last few decades. What is particularly remarkable, however, is the way in which the depictions of “private instruments” and “public interests” in the post-welfare state regulatory environment have given rise to a rise in importance of social norms, self-regulation and a general anti-state affect in the assessment of judicial enforcement or administration of contractual arrangements. The paper suggests the need to short-circuit and to read in parallel the justifications offered for a contractual governance model, which prioritizes and seeks to insulate “private” arrangements from their embeddedness in regulated market contexts, on both the national and transnational level

Beyond Territoriality: The Case of Transnational Human Rights Litigation

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. The law of transnational civil litigation [TCL] emerged with the US American decision in Filartiga in 1980 and perhaps culminated in the US Supreme Court's Decision in Sosa v. Alvarez-Machain in 2004. TCL has become a laboratory for our inquiry into the relationship between laws that were developed within and for the nation-state on the one hand and an increasingly globalized political and legal human rights discourse, on the other. As such, TCL is a case in point for the dramatically changing nature of norm-creation, law, and law enforcement in an era of globalization.law; fundamental/human rights; sovereignty; globalization

The Evolution of the Corporation: Organization, Finance, Knowledge and Corporate Social Responsibility

This paper, which selectively focuses on the contested concept of Corporate Social Responsibility [CSR], forms part of a larger research project on the evolution of corporate governance. This research posits the evolution of corporate governance along three historical paradigms: first, the economic/industrial organization paradigm, second, the financial paradigm, and third, the knowledge paradigm. With regard to CSR, the paper explores the promises and shortcomings of the concept against the background of an evolutionary theory of corporate governance. The identification of three historical-conceptual paradigms allows us to trace the development of the relation between a general discourse on corporate governance regulation [CGR] on the one hand and a more specialized, often polemic debate over corporate (social, environmental, human rights) responsibilities on the other. On the basis of the review of the three paradigms of CSR over the course of more than one hundred years, the paper concludes that there is no convincing justification to separate the general Corporate Governance from the more specific CSR discourse when assessing the nature of the corporation. Instead, it is argued that a more adequate understanding of what defines a corporation is gained when capturing its embedded nature in a continuously changing domestic, global and functional environment. Besides being both a legal fiction and an economic actor, the business corporation is assuming a host of other roles in a functionally differentiated global society. The paper suggests that the generation and dissemination of knowledge, both internally and externally, has become the defining feature of the firm. The corporation as a knowledge actor succeeds the prior stages of assessing it as a private, political or financial actor, without however erasing these dimensions of the firm. In that, the history of the corporation - as concept and reality - shares important features with that of the state - as concept and as fact.corporate social responsibility, corporate governance, financialisation, economic sociology, knowledge society, uncertainty, risk, management

Gated ‘communities’ - their lifestyle versus urban governance

Today there is a widespread fear of crime on a global scale. This can be seen as a response to social inequalities, social polarisation and the fragmentation of cities, which has been caused by neo-liberalism. Worldwide, an increasing number of higher income groups have looked to security measures, such as cameras, fences, walls and gates, to separate themselves from other people in the city. These physical measures, in combination with hired guards, replace the ‘older’ social control mechanisms, which are based on social cohesion within the community concerned. One may question whether those living in gated ‘communities’ indeed feel responsible for other urbanites. In other words, will such a hard closure (physically-marked segregation) lead to soft closure, reflected in social-cultural and political segregation. What is the impact of the lifestyle(s) of those living in gated communities on the dynamics of the city, urban identity and urban governance?

Varieties of Capitalism and the Learning Firm: Corporate Governance and Labour in the Context of Contemporary Developments in European and German Company Law

Research in corporate governance and in labour law has been characterized by a disjuncture in the way that scholars in each field are addressing organizational questions related to the business enterprise. While labour has eventually begun to shift perspectives from aspirations to direct employee involvement in firm management, as has been the case in Germany, to a combination of 'exit' and 'voice' strategies involving pension fund management and securities litigation, it remains to be seen whether this new stream will unfold as a viable challenge to an otherwise exclusionary shareholder value paradigm. At the same time, recent suggestions made by Delaware Chancery Court Vice Chancellor Strine, to dare think about potentially shared commitments between management and labour - and UCLA's Stephen Bainbridge's response - underline the viability - and, the contestedness - of attempts at moving the corporate governance debate beyond the confines of corporate law proper. While such a wider view had already famously been encouraged by Dean Clarke in his 1986 treatise on Corporate Law (p. 32), mainstream corporate law does not seem to have endorsed this perspective. This paper takes the questionable divide between management and labour within the framework of a limiting corporate governance concept as starting point to explore the institutional dynamics of the corporation, hereby building on the theory of the innovative enterprise, as developed by management theorists Mary O'Sullivan and William Lazonick. Largely due to the sustained distance between corporate and labour law scholars, neither group has effectively addressed their common blind spot: a better understanding of the business enterprise itself. In midst of an unceasing flow of affirmations of the finance paradigm of the corporation on the one hand and 'voice' strategies by labour on the other, it seems to fall to management theorists to draw lessons from the continuing co-existence of different forms of market organization, in which companies appear to thrive. Exploring the conundrum of 'risky' business decisions within the firm, management theorists have been arguing for the need to adopt a more sophisticated organizational perspective on companies operating on locally, regionally and transnationally shaped, often highly volatile market segments. Research by comparative political economists has revealed a high degree of connectivity between corporate governance and economic performance without, however, arriving at such favourable results only for shareholder value regimes. Such findings support the view that corporate governance regimes are embedded in differently shaped regulatory frameworks, characterized by distinct institutions, both formal and informal, and enforcement processes. As a result of these findings, arguments to disassociate issues of corporate governance from those of the firm's (social) responsibility [CSR] have been losing ground. Instead, CSR can be taken to be an essential part of understanding a particular business enterprise. It is the merging of a comparative political economy perspective on the corporation with one on the organizational features, structures and processes of the corporation, which can help us better understand the distribution of power and knowledge within the 'learning firm'.Corporate Governance, organizational theory, innovative enterprise, learning firm, employee involvement, corporate social responsibility, European/German corporate governance

Alienating justice: on the social surplus value of the twelfth camel

Deutsche Fassung: Rechtsentfremdungen: Zum gesellschaftlichen Mehrwert des zwölften Kamels. Zeitschrift für Rechtssoziologie 21, 2000, 189-215 und in Gunther Teubner (Hg.) Die Rückgabe des zwölften Kamels: Niklas Luhmann in der Diskussion über Gerechtigkeit. Lucius & Lucius, Stuttgart 2000, 189-215. Französische Fassung: Les multiples aliénations du droit : Sur la plus-value sociale du douzième chameau. Droit et Société 47, 2001, 75-100. Polnische Fassung: Sprawiedliwosc alienujaca : O dodatkowej wartosci dwunastego wielblada. Ius et Lex 1, 2002, 109-132. Italienische Fassung: Le molteplici alienazioni del diritto : Sul plusvalore sociale del dodicesimo camello. In: Annamaria Rufino und Gunther Teubner, Il diritto possibile: Funzioni e prospettive del medium giuridico. Guerini, Milano, 2005, 93-130

A Molecular Biology Database Digest

Computational Biology or Bioinformatics has been defined as the application of mathematical and Computer Science methods to solving problems in Molecular Biology that require large scale data, computation, and analysis [18]. As expected, Molecular Biology databases play an essential role in Computational Biology research and development. This paper introduces into current Molecular Biology databases, stressing data modeling, data acquisition, data retrieval, and the integration of Molecular Biology data from different sources. This paper is primarily intended for an audience of computer scientists with a limited background in Biology

Peer-to-Peer Healthcare

Analyzes how patients and caregivers use the Internet to obtain information about health concerns, care, and support, with a focus on online peer networks of those with chronic or rare conditions. Examines sources relied on by type of information sought

What matters to SRI investors?

In this paper I investigate the investment behavior of SRI investors based on SRI mutual fund flows. Specifically, I analyze how SRI investors react to past performance and ethical standards. This empirical study shows that over the years along with the development of the SRI fund market, the performance sensitivity of SRI investors has increased. Today, SRI investors chase past top performing funds at least as much as conventional investors do. Besides performance, SRI investors care about the actual ethical standards of SRI funds. SRI funds with high ethical standards regarding the positive rating and especially regarding environment attract higher inflows. I also find that SRI investors are more likely to reinvest in the same fund. Overall, I conclude that, like conventional investors, nowadays SRI investors chase previously top performing funds, but additionally pay attention to the actual ethical standards of their investments. --Socially Responsible Mutual Funds,Socially Responsible Investing,Ethical Investment

Bioinformatics Databases: State of the Art and Research Perspectives

Bioinformatics or computational biology, i.e. the application of mathematical and computer science methods to solving problems in molecular biology that require large scale data, computation, and analysis, is a research area currently receiving a considerable attention. Databases play an essential role in molecular biology and consequently in bioinformatics. molecular biology data are often relatively cheap to produce, leading to a proliferation of databases: the number of bioinformatics databases accessible worldwide probably lies between 500 and 1.000. Not only molecular biology data, but also molecular biology literature and literature references are stored in databases. Bioinformatics databases are often very large (e.g. the sequence database GenBank contains more than 4 × 10 6 nucleotide sequences) and in general grows rapidly (e.g. about 8000 abstracts are added every month to the literature database PubMed). Bioinformatics databases are heterogeneous in their data, in their data modeling paradigms, in their management systems, and in the data analysis tools they supports. Furthermore, bioinformatics databases are often implemented, queried, updated, and managed using methods rarely applied for other databases. This presentation aims at introducing in current bioinformatics databases, stressing their aspects departing from conventional databases. A more detailed survey can be found in [1] upon which thi