Power, Procedure, Participation and Legitimacy in Global Sustainability Norms

Power, Procedure, Participation and Legitimacy in Global Sustainability Norms PDF

Author: Karin Buhmann

Publisher: Routledge

Published: 2017-08-02

Total Pages: 200

ISBN-13: 1315525437

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Globalisation of the market, law and politics contributes to a diversity of transnational sustainability problems whose solutions exceed the territorial jurisdictional limits of nation states in which their effects are generated or occur. The rise of the business sector as a powerful global actor with a claim to participation and potential contributions as well as adverse impacts sustainability complicates the regulatory challenge. Recent decades’ efforts to govern transitions towards sustainability through public or hybrid regulation display mixed records of support and results. In combination, these issues highlight the need for insights on what conditions multi-stakeholder regulation for a process that balances stakeholder power and delivers results perceived as legitimate by participants and broader society. This book responds to that need. Based on empirical experience on public-private regulation of global sustainability concerns and theoretical perspectives on transnational regulation, the book proposes a new theory on collaborative regulation. This theory sets out a procedural approach for multi-stakeholder regulation of global sustainability issues in a global legal and political order to provide for legitimacy of process and results. It takes account of the claims to participation of the private sector as well as civil society organisations and the need to balance power disparities.

Changing Sustainability Norms through Communication Processes

Changing Sustainability Norms through Communication Processes PDF

Author: Karin Buhmann

Publisher: Edward Elgar Publishing

Published: 2017-12-29

Total Pages: 416

ISBN-13: 1786431653

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This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.

Transnationalisation and Legal Actors

Transnationalisation and Legal Actors PDF

Author: Bettina Lemann Kristiansen

Publisher: Routledge

Published: 2019-06-10

Total Pages: 315

ISBN-13: 0429678975

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Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Sustainability and Law

Sustainability and Law PDF

Author: Volker Mauerhofer

Publisher: Springer Nature

Published: 2020-07-07

Total Pages: 756

ISBN-13: 3030426300

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The book discusses sustainability and law in a multifaceted way. Together, sustainability and law are an emerging challenge for research and science. This volume contributes through an interdisciplinary concept to its further exploration. The contributions explore this exciting domain with innovative ideas and replicable approaches. It combines a variety of authors, from both the public and the private sectors, and thereby guarantees a broad view that enshrines the more theoretical arguments from the academic side as well as stronger practical applicable perspectives. The book provides space for thoughtful expansions of established theories as well as the hopeful emergence of innovative ideas. Moreover, the combination of three to five contributions into the eleven parts respectively aims toward a compression of like minded thoughts. This should lead to an intensification of exchange of viewpoints from different angles on a similar theme. Readers therefore also have the opportunity to concentrate on single chapters, but receive comprised knowledge and a variety of thoughts for new ideas on a particular theme.

Business, Compliance and Human Rights Law

Business, Compliance and Human Rights Law PDF

Author: Gabriel Webber Ziero

Publisher: Routledge

Published: 2021-12-28

Total Pages: 241

ISBN-13: 100052017X

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In recent years, transnational private regulations (TPRs) have gained importance in the areas of business and human rights, particularly from a consumer point of view. However, some question whether TPRs are indeed suitable normative frameworks contributing to their signatory entities’ compliance with human rights standards and effective avoidance of human rights abuses. In response to this question, this book proposes an analytical concept of effective compliance. Based on the elements identified as crucial for achieving effective compliance, it conducts an in-depth analysis of how TPRs’ normative frameworks function in practice and identifies common patterns and challenges. Such inquiry is based on an interdisciplinary methodological approach between law and sociology, seeking not only to comprehend and assess how law is systematized in theoretical terms, but also to understand how it works on the ground. This allows identification of the lack of active and effective participation of vulnerable stakeholders in the discursive processes established and governed by TPRs, such as rule-making and conformity assessment processes, as the main challenge. Based on such evidence, the book addresses the possibilities of overcoming such challenges, proposing that to fully achieve TPRs’ potential from an effective compliance point of view, legal empowerment of vulnerable groups is essential. It concludes by providing key observations and suggestions that contribute to the use of TPRs as instruments in the struggle for rights of empowered vulnerable stakeholders. The book will be of interest to academics, researchers, and policy-makers working in the areas of international law, transnational law, sociology of law, and human rights law.

Chinese Constitutionalism in a Global Context

Chinese Constitutionalism in a Global Context PDF

Author: Peng Chengyi

Publisher: Routledge

Published: 2018-08-06

Total Pages: 280

ISBN-13: 1317167074

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Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.

The SAGE Handbook of Responsible Management Learning and Education

The SAGE Handbook of Responsible Management Learning and Education PDF

Author: Dirk C. Moosmayer

Publisher: SAGE

Published: 2020-08-10

Total Pages: 842

ISBN-13: 1529730309

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Reflecting the rapid rise in popularity of recent initiatives such as the UN Principles for Responsible Management Education (PRME), this handbook exhaustively covers a variety of responsible management, learning and education topics, and provides an invaluable roadmap for this fast-developing field. Covering various perspectives on the topic, right through to contexts, methods, outcomes and beyond, this volume will be an invaluable integrative resource for practitioners and researchers alike, and is designed to serve a range of communities that deal with topics related to sustainability, responsibility and ethics in management learning and education.

Human Rights

Human Rights PDF

Author: Karin Buhmann

Publisher: Routledge

Published: 2021-12-13

Total Pages: 167

ISBN-13: 1000484874

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Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

Enabling Sustainable Energy Transitions

Enabling Sustainable Energy Transitions PDF

Author: Siddharth Sareen

Publisher: Springer Nature

Published: 2019-01-01

Total Pages: 168

ISBN-13: 3030268918

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"This compact book argues that ideas about accountability and legitimation - drawn from work on environmental governance - can open up new analytical perspectives on what is holding back effective energy system transformation. With bite-size chapters and illustrative cases that draw on the work of five expert witnesses, this is a novel intervention into debates over the politics of energy transition."--Professor Gavin Bridge, Durham University, UK "The book theorizes and advances the research frontier on legitimation practices and accountability with a carefully crafted analysis bridging scholarly fields of environmental governance, political economy, energy research and democratic theory. It is a must-read for all students and scholars interested in shaping more legitimate, democratic and accountable energy transition from the local to global context." -Professor Karin Bäckstrand, Stockholm University, Sweden This open access book reframes sustainable energy transitions as being a matter of resolving accountability crises. It demonstrates how the empirical study of several practices of legitimation can analytically deconstruct energy transitions, and presents a typology of these practices to help determine whether energy transitions contribute to sustainability. The real-world challenge of climate change requires sustainable energy transitions. This presents a crisis of accountability legitimated through situated practices in a wide range of cases including: solar energy transitions in Portugal, urban energy transitions in Germany, forestland conflicts in Indonesia, urban carbon emission targets in Norway, transport electrification in the Nordic region, and biodiversity conservation and energy extraction in the USA. By synthesising these cases, chapters identify various dimensions wherein practices of legitimation construct specific accountability relations. This book deftly illustrates the value of an analytical approach focused on accountable governa nce to enable sustainable energy transitions. It will be of great use to both academics and practitioners working in the field of energy transitions. Siddharth Sareen is a postdoctoral researcher at the Centre for Climate and Energy Transformation at the University of Bergen, Norway.

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