Human Rights and Capitalism brings together two important facets of the globalisation debate and examines the complex relationship between human rights, property rights and capitalist economies. Human rights issues have become increasingly important in this debate and their place as harbingers of justice or as an instrument of oppression is fiercely contended. Both sides of this issue are considered in the contributions to this book and the complex relationships between human rights, human dignity and capitalist economies are the themes running throughout the work. Appearing at a time when these issues are a subject of extreme controversy, this book is distinguished by its balanced and academic approach. In three sections, the work first of all deals with theoretical and philosophical issues, exploring tensions between capitalism and human rights. The second section considers more specific problems relating to the trading regime, which have significant impacts on human rights, and the final section considers human rights and capitalism in a South American context. This is an interdisciplinary exploration of the tensions which occur in the modern globalised trading regime between capitalism and the attainment of universal human rights. It will be of interest to scholars interested in the globalisation debate, as well as economists, lawyers, philosophers and political scientists.

With the globalist project immersed in conflicts and adversity, Post-Colonial Globalisation offers an insight into the actors who animate it and the power dynamics which run through it. Using the law as the prism through which these are examined, and fusing historical with contemporary perspectives, the book contributes to understanding the crisis in which we find ourselves as a moment of both existential danger and an opportunity. This book is in two parts. The first part charters capitalism’s historical progression to globalism through the lens of the act of taking. Taking has risen to institutional prominence as a core concept in the legal lexicon of foreign investment protection to denote deprivation of private property. Post-Colonial Globalisation advances a broader notion of taking as a tool of social criticism. From enclosures, to colonial settlement to an empire of unequal exchanges, to contemporary land grabs, private property, now so vigorously protected against taking, was itself born out of taking. The second part focuses on the ecological dimension of neoliberal globalisation and its hallmarks of unlimited growth and excessive extraction. It has negatively impacted the climate, the earth and its human and non-human inhabitants to the point of putting their continued existence at risk. Central to this is the deification of property. Our understanding of proprietary relations and the rights they confer must be revisited if our interface with the planet is to be reconfigured. The emerging doctrine of rights of nature offers one route which may lead us in this direction. The two parts complement each other. One looks at taking by members of the human species from each other. The other looks at taking by the human species from nature.

This book analyzes the factors behind the recent expansion of Fairtrade and questions whether the trust given to the scheme by "ethical" shoppers is warranted. It goes about this assessment by analyzing the claim of ethical shopping and by scrutinizing the specific contribution of the Fairtrade Certification Mark to producer s welfare. This assessment is based on information gathered in a mixture of desk-based research and fieldwork carried out in Argentina, Bolivia, Chile, Peru, Tanzania and South Africa. This book comprises separate chapters written by academics of various backgrounds, who have worked together on Fairtrade, it should however be noted that the authors do not necessarily hold a common set of views in respect to Fairtrade."

This book provides comprehensive analysis of the recent enlargement of the EU, shedding light on the rationale behind the EU's decisions to enlarge, examining the side effects these choices have on a range of EU policies and particularly on the effect of the Acquis on candidate countries. Emphasis is placed on the area of company law, which occupies a central part in a country's economic planning and therefore its commercial law. Past enlargements are thoroughly explained and the potential impact of the new political landscape in Europe in the wake of the popular rejection of the European Constitutional Treaty on future enlargements is evaluated. A comparative methodology for commercial law drafting in transition and developing economies is put forward and the book concludes with a complete draft of a model company law for transition (and developing) economies. The aim is to provide a template for discussion. This book will be of great interest to those interested in considering the influence that the prospect of EU membership has on transition countries in general, the emphasis being on laws vital to emerging market economies, particularly commercial and company law.

With the globalist project immersed in conflicts and adversity, Post-Colonial Globalisation offers an insight into the actors who animate it and the power dynamics which run through it. Using the law as the prism through which these are examined, and fusing historical with contemporary perspectives, the book contributes to understanding the crisis in which we find ourselves as a moment of both existential danger and an opportunity. This book is in two parts. The first part charters capitalism’s historical progression to globalism through the lens of the act of taking. Taking has risen to institutional prominence as a core concept in the legal lexicon of foreign investment protection to denote deprivation of private property. Post-Colonial Globalisation advances a broader notion of taking as a tool of social criticism. From enclosures, to colonial settlement to an empire of unequal exchanges, to contemporary land grabs, private property, now so vigorously protected against taking, was itself born out of taking. The second part focuses on the ecological dimension of neoliberal globalisation and its hallmarks of unlimited growth and excessive extraction. It has negatively impacted the climate, the earth and its human and non-human inhabitants to the point of putting their continued existence at risk. Central to this is the deification of property. Our understanding of proprietary relations and the rights they confer must be revisited if our interface with the planet is to be reconfigured. The emerging doctrine of rights of nature offers one route which may lead us in this direction. The two parts complement each other. One looks at taking by members of the human species from each other. The other looks at taking by the human species from nature.

Originally published in 2005, this book focuses on the role of corporations within the trading system, and the complex relationships between corporations, nation states and international organisations. The actions and motives that drive corporations are considered as well as the structure of the international trading system. Remedial devices such as Codes of Conduct and Human Rights instruments are assessed for effectiveness. The book seeks reasons for what is a growing understanding that international trading regimes are not meeting objectives found in many international agreements, including both the international trade agreements themselves (WTO, GATT, TRIPS etc.) and human rights instruments. In particular, it is clear that the prevalence and severity of poverty is not being adequately addressed. This work sets out to investigate the role played by companies in this failure in the globalisation of trade to realise its aims, in particular the failure to achieve the minimum of basic rights, the right to food.

This book analyzes the factors behind the recent expansion of Fairtrade and questions whether the trust given to the scheme by "ethical" shoppers is warranted. It goes about this assessment by analyzing the claim of ethical shopping and by scrutinizing the specific contribution of the Fairtrade Certification Mark to producer's welfare. This assessment is based on information gathered in a mixture of desk-based research and fieldwork carried out in Argentina, Bolivia, Chile, Peru, Tanzania and South Africa. This book comprises separate chapters written by academics of various backgrounds, who have worked together on Fairtrade, it should however be noted that the authors do not necessarily hold a common set of views in respect to Fairtrade.

Starting from a discussion of the theoretical underpinning of the place companies occupy in society, this book explores the consequences of adherence to free market contractualist theory, including the lack of regulatory control of a sufficiently robust nature. Professor Dine comments on the absence of a concept of governance of groups from a comparative perspective and considers the consequences of this absence for the conflict of laws. In particular, she highlights the tragic consequences of globalization by transnationals including polarization of income and environmental damage, and suggests a possible legal framework to prevent future damages.

This book explores the legal issues concerning groups of companies including regulation at national, international and global level. It offers a comparative discussion of the way in which issues common to the regulation of groups have been approached in the UK, in the European Union, in other member states of the union, in the United States and, where helpful, in other countries including the emergent economies of eastern European states. The author highlights the often tragic consequences of globalization by transnationals including polarization of income and environmental damage.

This book presents a thoughtful inquiry into the nature and rationale of corporate governance. The authors address fundamental questions including; What is the balance between ownership and control?; For whose interests should the company be run?; What is the institutional balance between shareholders, directors and other potential stakeholders, including the economy?Professor Dine and Dr Koutsias consider how these issues are dealt with by the jurisprudence of three major and greatly influential jurisdictions; the USA, the UK, and Germany, and also reflect on why and how the current corporate governance context in some states is defined by social, political and historical developments. The authors argue that corporate governance is crucial for the identity of each country. What is revealed in the work is that when national corporate governance is thriving it allows space for democracy to flourish. Corporate governance scholars, policy makers, LLM and LLB students of company law and corporate governance, NGOs involving issues of inequality, poverty and democracy will find this important book an insightful resource. Contents: Preface 1. Corporate Governance Global Economics: The Neo-liberalism Paradigm 2. The Reasons for Convergence and Divergence 3. The United States of America 4. The United Kingdom 5. Germany 6. Conclusion: The Importance of the Existence of National Systems of Corporate Governance References Index

Originally published in 2005, this book focuses on the role of corporations within the trading system, and the complex relationships between corporations, nation states and international organisations. The actions and motives that drive corporations are considered as well as the structure of the international trading system. Remedial devices such as Codes of Conduct and Human Rights instruments are assessed for effectiveness. The book seeks reasons for what is a growing understanding that international trading regimes are not meeting objectives found in many international agreements, including both the international trade agreements themselves (WTO, GATT, TRIPS etc.) and human rights instruments. In particular, it is clear that the prevalence and severity of poverty is not being adequately addressed. This work sets out to investigate the role played by companies in this failure in the globalisation of trade to realise its aims, in particular the failure to achieve the minimum of basic rights, the right to food.

The compilation of extracts from cases, academic articles, and statutes are carefully selected and abridged by subject experts, to make this a thorough resource for all criminal law students. The authors carefully provide context for the extracts, providing brief introductions to the topic areas and case extracts so that you have the full context within which the law is created and decided. Developed to map closely to criminal law course content this is the perfect companion to your course. All key topic areas are clearly structured guiding you through the law in an approachable and engaging manner. Key extracts from case reports are provided to allow you to understand the judge's logic behind decisions and to develop your skills in reading from actual case reports. Online Resource Centre This text is accompanied by a dedicated Online Resource Centre which provides updates to the law, as well as pointers to answering questions in the text.