scholarly journals Extended Jurisdiction through Foreign Policy, Soft Law, and Self-Regulation

2019 ◽  
pp. 199-232
Author(s):  
Charlotte E. Blattner
Keyword(s):  
Foreign Policy ◽  
Multinational Enterprises ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Export Credit ◽  
Control Structures ◽  
Extraterritorial Jurisdiction ◽  
Corporate Social ◽  
Private Actors ◽  
And Control

This chapter focuses on whether states can use extended forms of extraterritorial jurisdiction to protect animals abroad, including foreign policy rules, investment agreements, jurisdiction assigned to international bodies, and self-regulation by private actors. These subtler forms of extraterritorial regulation are fully established and widely used in human rights law. When applied to animal law, they yield substantial benefits for states that want to protect animals abroad by reaching beyond traditional command-and-control structures and tapping the expertise of non-state actors. The focus of this chapter is on investment rules, export credit standards, bilateral investment treaties, bilateral free trade agreements, impact assessments, reporting, corporate social responsibility, codes of conduct, and the Guidelines on Multinational Enterprises, issued by the Organization for Economic Co-operation and Development (OECD).

New Modes of Governance in the Spanish Electricity and Gas Sectors

2008 ◽  
Vol 28 (1) ◽  
pp. 93-111 ◽  
Author(s):  
LEONOR MORAL SORIANO
Keyword(s):  
Self Regulation ◽  
Electricity Sector ◽  
The European Union ◽  
Large Measure ◽  
Public And Private ◽  
Governmental Intervention ◽  
Private Actors ◽  
And Control ◽  
Modes Of Governance ◽  
New Modes Of Governance

ABSTRACTThis paper analyses the institutional framework of the Spanish electricity and gas markets from their emergence at the beginning of the twentieth century until the liberalisation process encouraged by the European Union. European processes of liberalisation involving the introduction of regulation and competition and the application of non-hierarchical modes have raised the number of both public and private actors taking part in sectoral governance. However, none of these modes is new for the sector. A historical perspective shows the conditions under which the threat of governmental intervention and the discretion granted to sectoral governance differed significantly between sectors. While the threat to nationalise and monopolise the electricity sector contributed to the creation of a private agent and a model of self-regulation with a large measure of discretion, in the gas sector the public presence was strong and control tight. Thus, the paper concludes that one should not presuppose that old modes of governance are strongly governmental and hierarchical. The opposite proves to be the case in the Spanish electricity sector, where new modes of governance are now more linked to hierarchy.

Industry Self-Regulation in the US and in the EU

2018 ◽  
pp. 87-104
Author(s):  
Tijana Milosevic
Keyword(s):  
Self Regulation ◽  
The United States ◽  
The European Union ◽  
Private Regulation ◽  
Independent Evaluation ◽  
The Us ◽  
Regulatory Instruments ◽  
State Of Affairs ◽  
Corporate Social ◽  
And Control

This chapter analyzes the regulatory environment with implications for digital bullying with a specific focus on the United States (US) and the European Union (EU). Relevant regulatory stakeholders are explained as well as the process of self-regulation vs. traditional, command-and-control legislation and the benefits and downsides of each in the context of digital bullying. Self-regulation is distinguished from private regulation and corporate social responsibility (CSR) and literature that compares differences in self-regulatory traditions in the US and EU is examined, together with discussions on co-regulation. The term “alternative regulatory instruments” or ARIs (Lievens, 2010) is proposed and the author specifies how the terms “self-regulation” and “private regulation” are used in the book and subsequent chapters. It is argued that few companies examined in this book have been part of traditional self-regulatory initiatives but have rather adopted and developed policies via industry best practices. The issue of scarcity of independent evaluation, especially from children’s perspective, is raised, and how such a state of affairs reflects upon children’s rights.

Employee participation, ethics and corporate social responsibility

2008 ◽  
Vol 14 (1) ◽  
pp. 93-110 ◽  
Author(s):  
Isabelle Daugareilh
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Multinational Enterprises ◽  
Good Governance ◽  
Self Regulation ◽  
Employee Participation ◽  
Fundamental Rights ◽  
Employee Relations ◽  
Labour Relations ◽  
Corporate Social

Employee participation is deemed necessary in the name of good governance and corporate social responsibility. For this reason it forms an essential aspect of legal instruments drafted by international public institutions and aimed at multinational enterprises. Despite this, enterprises clearly prefer to take a unilateral approach in the rules they adopt to implement CSR policies, and an individual approach to employee relations, to the detriment of collective labour relations. CSR thus presents two radically different facets: one of which is favourable to transnational social dialogue, while the other presents firms with an opportunity to regain areas of control over their employees at the expense of public freedoms and fundamental rights. The co-existence of these two aspects of CSR confronts public authorities with the following dilemma: either they allow self-regulation to take its course, and risk seeing violations of international labour law and national legislation, or they intervene in order to ensure compliance with existing international instruments.

scholarly journals ETHICAL CODES OF CONDUCT FOR THE DIGITAL ECONOMY ENTITIES: THE LEGAL ASPECT

2021 ◽  
Vol 117 (4) ◽  
pp. 72-84
Author(s):  
HONCHARENKO Olena
Keyword(s):  
Professional Ethics ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Professional Community ◽  
Codes Of Ethics ◽  
Legal Regulation ◽  
Digital Economy ◽  
Ethics Codes ◽  
Standards Of Conduct ◽  
Corporate Social

Background.The use of IT tools in the business sphere requires special legal regulation, given the excellent mechanism of consolidation from areas where the figure is not yet used or its use is quite limited. An important tool of regulatory self-regulation are codes of ethics in the digital economy, which only take into account certain features of digital transformations and are a universal trend of modern development of legal regulation of the economy in Ukraine and the world. Analysis of recent research and publications. The analysis of types, the content of ethical codes in the field of digital economy is not paid enough attention, which actualizes the purpose of this scientific article. The aim of the study is to determine the features of codes of ethics in the digital economy. Materials and methods. During the study, both general scientific and special methods of cognition were used: dialectical, systemic, synergetic, formal-logical, generalization, functional, comparative jurisprudence. The information base of the study was national legislation, EU directives, works of domestic and foreign scientists, codes of conduct of international IT companies. Results. The following types of codes of ethics (codes of professional ethics) depending on the subject, the subjects of their development and adoption in the digital economy are identified: codes of ethics in a particular area of the digital economy; codes of ethics of a separate professional community; codes of ethics (codes of professional ethics) of an individual business entity. Codes of ethics in a particular area of the digital economy are a collection of rules and standards of conduct developed by a community, an association of different professions, in order to develop common principles and policies in a particular market. Codes of ethics of a particular professional community are a collection of rules and standards of conduct that are developed by a particular community on a professional basis and that operate in the digital economy. Codes of ethics (codes of professional ethics) of an individual business entity are internal organizational documents of a specific business entity, an element of its foreign and domestic policy, which sets out the rules of activity for the company’s citizens, limits of liability, etc. Conclusion. It has been established that the digital economy is primarily an area that has emerged through self-regulation, so the development of regulationin the digital economy should be linked to the ethics of using the tools of digital transformation. It has been found that the self-regulation of the digital economy takes into account the flexibility of various tools, including codes of ethics. It is established that the structure and content of codes of ethics (codes of professional ethics) of each company is different. The content of such codes usually includes global trends of modern business requirements: sustainable development policy, respect for human rights, corporate social responsibility, compliance with anti-corruption, tax laws, etc., and special, which reflect the individual obligations of a particular company. Keywords: digital economy, code of ethics, code of professional ethics, business entity, sustainable development, business and human rights, corporate social responsibility, artificial intelligence.

scholarly journals Corporate Social Responsibility in Developing Country Multinationals: Identifying Company and Country-Level Influences

2016 ◽  
Vol 26 (3) ◽  
pp. 347-378 ◽  
Author(s):  
Lutz Preuss ◽  
Ralf Barkemeyer ◽  
Ante Glavas
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Developing Country ◽  
Multinational Enterprises ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Developed Countries ◽  
Country Level ◽  
National Differences ◽  
Corporate Social

ABSTRACT:The extant literature on cross-national differences in approaches to corporate social responsibility (CSR) has mostly focused on developed countries. Instead, we offer two inter-related studies into corporate codes of conduct issued by developing country multinational enterprises (DMNEs). First, we analyse code adoption rates and code content through a mixed methods design. Second, we use multilevel analyses to examine country-level drivers of differences in code content—specifically, elements of a country’s National Business System (NBS). We find that DMNEs are much more likely to adopt a code of conduct than their domestic counterparts; however, this does not translate into greater code comprehensiveness. We also find support for the ‘substitute view’ of CSR in developing countries, i.e. that MNEs from poorer countries and from countries with lower governance effectiveness tend to express more comprehensive commitments. However, this dynamic does not extend to a country’s labour system; instead, CSR appears here to match the efficiency of a country’s labour market, thus reflecting the ‘mirror view’ of CSR.

10 Self-Regulation and Private Actors

2018 ◽  
Author(s):  
Spangler Timothy
Keyword(s):  
Best Practices ◽  
Financial Markets ◽  
Financial Regulation ◽  
Self Regulation ◽  
Hedge Fund ◽  
Codes Of Conduct ◽  
Private Investment ◽  
Investment Funds ◽  
Private Actors

This chapter focuses on self-regulation as a means for private actors to address the governance challenge in private investment funds. It first considers the role and limits of financial regulation before discussing the ways that self-regulation and private actors can help in governing the organization, renumerating, risk management and reporting activities of private investment funds. It then examines four codes of conduct for private actors involved in private investment funds: the Best Practices of the President’s Working Group on Financial Markets, the Managed Fund Association’s Sound Practices, Sir Andrew Large’s consultation on ‘Hedge Fund Standards’, and the Institutional Limited Partners Association guidelines. The chapter concludes with an analysis of the role of investors in investor protection failures and the importance of private law for private actors seeking to address the governance challenge.

scholarly journals Corporate codes of conduct: Are three generations sufficient to ensure the effective enforcement of labour rights?

2018 ◽  
Vol 2 (2) ◽  
pp. 106-118
Author(s):  
Aneta Tyc
Keyword(s):  
Multinational Corporations ◽  
Multinational Enterprises ◽  
Self Regulation ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Corporate Code ◽  
Three Generations ◽  
Labour Rights ◽  
Corporate Codes Of Conduct ◽  
Illegal Activities

In the 1970s, the number of reports concerning unethical or illegal activities of multinational corporations increased and led to discussions within international organisations. In 1976, the OECD was first to adopt its Guidelines for Multinational Enterprises. The ILO adopted its Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy in 1977, and UN issued the Global Compact in 2000. Subsequently, many codes of conduct have been established to provide a stable framework in which MNEs conduct their business. The purpose of this paper is to assess, through the prism of three generations of codes, if self-regulation is sufficient to ensure the effective enforcement of labour rights. I fill the gap in existing research by providing a comprehensive explanation for the shortcomings of this instrument. Research indicates that there is a lack of involvement of social partners in the decision-making process leading to the adoption of codes of conduct. Once adopted, they impose lower standards than the public regulatory frameworks. They are more selective in their choice of labour rights. There are also many difficulties in implementing, monitoring and enforcing a corporate code of conduct. These tools mainly address marketing aims and respond to the unfavourable publicity produced by the media about the inconsistency of certain corporate policies with international labour standards. I conclude by discussing how codes of conduct could be transformed to more eƒectively address workers’ rights.

Turkey’s foreign policy in perspective: Some regional and national interests

2020 ◽  
Vol 2020 (10-3) ◽  
pp. 82-92
Author(s):  
Gekkaya Funda
Keyword(s):  
Foreign Policy ◽  
Political Ideology ◽  
Geographical Location ◽  
National Interests ◽  
Security Culture ◽  
Center Stage ◽  
External Relations ◽  
The World ◽  
Transit Route ◽  
And Control

The formation of external policy of any country aims at serving the state’s interests. For this matter, many countries seek their way through this by taking into account the potential prospects available to them. The fundamental subtleties and factors that influence a state’s choices of external policy include geographical location, history, security, culture, trade, political ideology, military might, et cetera. Countries often make external contacts based on some regulations and response to unfolding events. Thus, external policy to an extent pertains to the guiding principles outlined to be pursued through state values, decisions and actions taken by the states themselves and their attempt to develop, manage and control the external relations of national societies. In this regard, the Caucasian region has been an important factor in Turkey’s foreign policy. Since these states emerged in the early 1990s, energy has taken a center stage within the region, while Turkey remains a transit route to the world...

Chutes, Not Ladders

2018 ◽  
Vol 11 (2) ◽  
pp. 114-130
Author(s):  
Pavithra Nagarajan
Keyword(s):  
School Success ◽  
Cultural Practices ◽  
Self Regulation ◽  
Research Data ◽  
Self Awareness ◽  
Self Reflection ◽  
Single Sex ◽  
Black Bodies ◽  
Boys Of Color ◽  
And Control

This article explores how a single-sex school for boys of color intentionally and unintentionally (re)defines masculinity through rules and rituals. The school’s mission posits that boys become men through developing three skills: selfregulation, self-awareness, and self-reflection. Drawing from qualitative research data, I examine how disciplinary practices prioritize boys’ ability to control their bodies and image, or “self-regulate.” When boys fail to self-regulate, they enter the punitive system. School staff describe self-regulation as integral to out-of-school success, but these practices may inadvertently reproduce negative labeling and control of black bodies. This article argues for school cultural practices that affirm, rather than deny, the benefits of boyhood.

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