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The Constitutionalization of the Global Corporate Sphere? (Hardcover)
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The Constitutionalization of the Global Corporate Sphere? (Hardcover)
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With the advent of globalization--where corporate organizations and
the commercial relations that accompany them are argued to be
becoming increasingly transnational--the locus of powers,
authorities, and responsibilities has shifted to the global level.
The nation-state arena is losing its capacity to regulate and
control commercial processes and practices as a transformational
logic kicks-in, associated with new forms of global rule-making and
governance. It is this new arena of global rule-making that can be
considered as a surrogate form of global constitutionalization, or
"quasi-constitutionalization." But as might be expected, this
surrogate process of constitutionalization is not a coherent system
or set of rounded outcomes but full of contradictory half-finished
currents and projects: an "assemblage" of many disparate advances
and often directionless moves--almost an accidental coming together
of elements. It is this assemblage that is to be investigated and
unbundled by the analysis of the book.
The book discusses governance, law, and constitutional matters in
the context of international corporate constitutional governance.
It examines how and why the business world, commercial relations,
and company activities have increasingly become subject to legal
and constitutional forms of regulation and governance at the
international level. It analyzes how we should characterize the
process that has seen the international corporate arena
increasingly subject to juridical and constitutional-like
regulatory initiatives and interventions and whether this amounts
to a new attempt to subject international commercial relations to
the "rule of law" and, indeed, to rule the world through these very
means.
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