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Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,
Article

Access_open South African Mandatory Offers Regime: Assessing Minorities’ Leverage to Seek Recourse and Equal Treatment in Takeover Bids

Journal Erasmus Law Review, Issue 2 2020
Keywords company takeovers, mandatory offers, minority shareholders, equal treatment, acquisition procedure
Authors Paul Nkoane
AbstractAuthor's information

    A firm intention announcement must be made when the offeror is able and willing to acquire securities, and when a mandatory offer must be made. When the firm intention announcement is implemented, some sort of a contract is created. This rule has helped to determine the particular time the offeror should be liable to minorities. The question of when the offeror should bear the obligation to implement mandatory offers in aborted takeovers is thus no more problematic. Previously, the courts wrestled with this issue, but delivered what appears to be unsatisfactory decisions. This article will discuss the effect of a firm intention announcement and the responsibility that attends the making of that announcement. It intends to illustrate the extent of liability the offeror must bear in the event of a lapsed takeover, before and after the making of the firm intention announcement. The article examines the manner in which takeover rules can be enforced, and whether the current measures afford minorities proper protection. This brings to light the issue of equal treatment in takeovers and the fallacy thereof. A minor appraisal of the takeover rules in two jurisdictions in Europe (the United Kingdom and the Netherlands) is conducted to assess how equal treatment for minorities is promoted. Due to the difficulty minorities may experience in enforcing equal treatment in company takeovers, the article advocates for the alteration of the current South African takeover procedure for the promotion of minorities’ interests and for establishing rules that provide the offeror adequate information.


Paul Nkoane
Paul Nkoane is lecturer at the College of Law of the University of South Africa in Pretoria.
Article

Space Debris: Between Unity and Fragmentation – Risk as a Static Principle with Dynamic Outcomes

Journal International Institute of Space Law, Issue 6 2019
Keywords risk, space object, space debris removal, material environment, social milieu, collision prevention, harmful interference
Authors Ward Munters
AbstractAuthor's information

    This paper analyses the interrelationship between science, risk, international law and the prevention of collisions between space objects, so as to contribute to progressive development of international law and of an epistemic community invested with a common conceptual and terminological apparatus, as well as to examine interrelated juridical and technical obstacles and opportunities regarding the creation of an informed, uniform and therefore, it is posited, more effective regulatory regime.
    To contribute to establishing a common frame of reference, the article presents and explores an analytical and theoretical mapping exercise of some structural contours delineating mutual space object relations, positing the common construction of risk and its collective management as central to the asymptotic realization of uniformity in standards concerning space objects, space debris and its removal, and preventing physical interference or collisions. The paper proceeds from scientific insights into collision risk to uncover the extent of the technical notion of risk in this area before briefly examining how risk management mechanisms operate in international law to produce restrictions or permissions regarding future conduct, activities or incidents. Risk emerges as a ‘static’, i.e. common, principle with ‘dynamic’, i.e. variable, outcomes that may form the normative foundation of a uniform yet highly adaptive regulatory framework – a principle thus particularly suited to protean conditions in orbital space. Finally, some sketches follow of a heuristic device for envisaging the normative and jurisprudential construction of a static risk principle that can correlatively produce the substantively variable permissive rights and restrictive obligations as may attach to space objects, i.e. output, on the basis of evolving material conditions in orbit, i.e. input.


Ward Munters
Institute for International Law and Leuven Centre for Global Governance Studies, KU Leuven, Tiensestraat 41, 3000 Leuven, Belgium.
Article

Smart Enforcement

Theory and Practice

Journal European Journal of Law Reform, Issue 4 2018
Keywords regulatory inspections, regulatory enforcement, environmental regulations, smart regulation
Authors Dr. Florentin Blanc and Prof. Michael Faure
AbstractAuthor's information

    There is an increasing attention both on how inspections and enforcement efforts with respect to regulatory breaches can be made as effective as possible. Regulatory breaches refer to violations of norms that have been prescribed in public regulation, such as, for example, environmental regulation, food safety regulation or regulation aiming at occupational health and safety. The enforcement of this regulation is qualified as regulatory enforcement. It has been claimed that inspections should not be random, but based on risk and target-specific violators and violations. Such a “smart” enforcement policy would be able to increase the effectiveness of enforcement policy. Policy makers are enthusiastic about this new strategy, but less is known about the theoretical foundations, nor about the empirical evidence. This article presents the theoretical foundations for smart enforcement as well as some empirics. Moreover, the conditions under which smart enforcement could work are identified, but also a few potential limits are presented.


Dr. Florentin Blanc
Dr. Florentin Blanc is a consultant to the World Bank Group, OECD, and governments on investment climate and business environment.

Prof. Michael Faure
Prof. Michael Faure is Academic Director Maastricht European institute for Transnational Legal Research (METRO), Maastricht University, Professor of Comparative and International Environmental Law, Maastricht University and Academic Director of Ius Commune Research School, Maastricht University. He is also Professor of Comparative Law and Economics at Erasmus Law School (Rotterdam).
Article

Access_open Peer mentoring justice-involved youth: a training model to promote secondary desistance and restorative justice among mentors

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Peer mentoring, justice-involved youth, formerly incarcerated, secondary desistance, training programmes
Authors Mayra Lopez-Humphreys and Barbra Teater
AbstractAuthor's information

    This article introduces a mentoring programme for justice-involved youth that utilises the unique and often overlooked resources offered by adults with a history of incarceration, and the innovative training model that aims to promote secondary desistance and restorative justice among the mentors. An examination of the generative role of peer mentoring and its overlap with restorative justice as a healing process that provides opportunities for offenders to make indirect amends that contribute to the social rehabilitation of their communities is presented. An overview of the history and anticipated aims of mentoring programmes for justice-involved youth is provided, followed by a discussion of the importance of secondary desistance in peer mentoring programmes and a review of the elements, conceptual underpinnings and anticipated benefits of the training programme for the mentors. The training programme is argued to offer approaches that support the primary and secondary desistance-orientated changes and the reparative work needed within the mentor.


Mayra Lopez-Humphreys
Mayra Lopez-Humphreys is Associate Professor, Department of Social Work, City University of New York College of Staten Island, New York, United States of America.

Barbra Teater
Barbra Teater is Professor, Department of Social Work, City University of New York College of Staten Island, New York, United States of America. Contact author: mayra.humphreys@csi.cuny.edu.
Article

Victims’ Right to Reparation in Light of Institutional and Financial Challenges

The International Criminal Court and the Reparation for the Victims of the Bogoro Massacre

Journal East European Yearbook on Human Rights, Issue 1 2018
Keywords Bogoro massacre (DRC), International Criminal Court, Katanga case, reparation, victims
Authors Péter Kovács
AbstractAuthor's information

    The aim of the article is the presentation of the recently issued documents – the ‘Order for reparation’ issued by the Trial Chamber II of the ICC and the document called ‘Notification’, recently adopted by the Trust Fund for Victims of the ICC – which are important first and foremost in the reparation procedure of the victims of the Bogoro massacre, subsequent to the case The Prosecutor v. Germain Katanga. Second, these documents will also have a considerable impact on the reparation procedures to be carried out by the ICC in the future. The reader can also see the interactions between classic sources of public international law and those norms which are very difficult to be characterized legally but without a doubt play a very important role during the procedure.


Péter Kovács
Professor of international law at the Péter Pázmány Catholic University, Budapest, and judge of the International Criminal Court (2015-2024).
Article

Commercial OOS and Its Future: Policy and Legal Issues beyond Life Extension

Journal International Institute of Space Law, Issue 8 2018
Keywords on-orbit servicing (OOS), on-orbit assembly (OOA), on-orbit manufacturing (OOM), active debris removal (ADR), modular spacecraft concepts
Authors Olga Stelmakh-Drescher, Ian Christensen and Joerg Kreisel
AbstractAuthor's information

    Satellites have typically been viewed as high-cost, static platforms that once launched have a limited orbital lifetime and a physical and mechanical structure that cannot be altered or maintained (with very limited exceptions). However, in the current day, a number of technical and market innovations are being deployed by the private sector, which might change this paradigm. These include small satellites, on-orbit assembly (OOA) and modular spacecraft concepts, and on-orbit servicing (OOS) in particular.
    OOS represents a number of possible changes in the traditional conceptualization of space systems and operations, and requires new policy, regulatory, and legal approaches. OOS potentially allows operators to extend the lifetime of existing, hence, traditional satellites; and in future possibly provide repair services or correct on-orbit anomalies or other servicing based on cooperative design and related standards.
    Space debris is a growing concern for the use of outer space. At the dawn of the space era there was no interim solution for objects launched into space once their lifetime in orbit was over: they were either left in orbit, moved to a graveyard orbit or deorbited. OOS capabilities may become part of the solution through both life extension and deorbiting of existing space infrastructure elements as well as debris avoidance due to new cooperative design philosophies aiming at OOS. As such OOS has implications for space debris mitigation. Requirements laid down in national legislation are important to define the extent of execution of space debris mitigation guidelines, including the end-of-life plan. However, space debris implications are only one element which must be considered in relation to OOS capabilities.
    In many national jurisdictions OOS is a new application without clearly defined regulatory and licensing practices. States have an obligation to provide this authorization and supervision framework, while industry requires a permissive regulatory framework to provide legal certainty. All stakeholders are committed to preserving the safety of the operating environment.
    With that in mind, this paper analyzes the prerequisites for evolution of OOS and opportunities for market creation, provide an overview of existing boundary conditions regarding OOS policy and legal scope and its commercial implementation including risks and challenges to be address, and examine how development of technologies needed for OOS could influence insurance and serve as economic driver. Finally, the paper will try to envision the way ahead towards capacity-building for OOS.


Olga Stelmakh-Drescher
International Institute of Space Commerce, 147 S. Adams Street, Rockville MD, 20850, United States, osd@iisc.im (corresponding author).

Ian Christensen
Secure World Foundation, 525 Zang Street, Suite D, Broomfield, Colorado, 80021, United States, ichristensen@swfound.org.

Joerg Kreisel
JKIC, Christhauser Strasse 67a, D-42897, Remscheid, Germany, jk@jkic.de.
Article

From Liberation Theology to (Liberationist) Peace Studies

Practice, Reflection and the Generation of Scholarship

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords liberation theology, theory, practice, peace studies, religion
Authors Leo Guardado
AbstractAuthor's information

    This article illustrates liberation theology’s evolution and method and argues that its approach to bridging the gap between theory and practice serves as a complement and challenge for conceptualizing the dynamic and fluid relationship between scholarship and practice in peace studies. The 1971 publication of A Theology of Liberation made Fr. Gustavo Gutiérrez one of the most influential scholars and theologians of the 20th century, but the process that led to this publication rests upon the day-to-day reflective practice of its author. Gutiérrez’ commitment to pastoral practice, especially among poor communities, raises questions about whose and what kind of knowledge is privileged in the academy, about the possibility of sustainably sourcing wisdom from local communities and about the necessity of scholars to locate themselves within the realities and among the communities they study. Given the affinity between liberation theology’s inductive method and the elicitive approach in some currents of peace studies, the article places its emphasis on the convergent contributions of Gustavo Gutiérrez and John Paul Lederach and draws information from personal conversations with both authors. As a whole, the article contributes to the bourgeoning and necessary dialogue between peace studies and theology.


Leo Guardado
Leo Guardado is a PhD student in the joint programme in Theology and Peace Studies at the University of Notre Dame. His research interests include liberation theology, human displacement and the role of church communities for building justice and peace.
Article

Access_open From Individuals to Organizations: The Puzzle of Organizational Liability in Tort Law

Journal The Dovenschmidt Quarterly, Issue 2 2015
Keywords organizational liability, tort law, organizational design, organizational wrongdoing, law and economics
Authors Klaus Heine and Kateryna Grabovets
AbstractAuthor's information

    Organizational accidents have two generic sources: individual wrongdoings and organizational failures. Economic analysis of tort law is methodologically based on the “fiction” (Gordon 2013) of a rational individual, from which “simple rules for a complex world” (Epstein 1995) are derived. As a result, organizational wrongdoing boils down to a simple principal-agent problem, neglecting the complexity of organizational reality. We shed more light on organizational factors as a separate trigger of organizational wrongdoing. We take an interdisciplinary perspective on the problem, which challenges traditional economic analysis of tort law with insights drawn from organizational science. Moreover, we demonstrate how tort law and economic analysis can be enriched with these insights.


Klaus Heine
Prof. Dr. Klaus Heine (Corresponding author), Jean Monnet Chair of Economic Analysis of European Law, Erasmus School of Law – RILE, Erasmus University Rotterdam, Burgemeester Oudlaan 50, Room J6-59, Postbus 1738, NL-3000 DR Rotterdam, The Netherlands. Tel: 0031 (0)10 4082691; Fax: 0031 (0)10 4089191.

Kateryna Grabovets
Dr. Kateryna Grabovets, Rotterdam Business School (RBS), Rotterdam University of​Applied‍ Sci‍ences,‍ Kralingse Zoom 91, Room C3.121, 3063 ND Rotterdam; P.O. Box 25035, 3001 HA Rotterdam, The Netherlands.​Tel:‍ 0031‍ (0)10‍ 7946243. k.a.grabovets@hr.nl
Article

Access_open Freedom of Religion, Inc.: Whose Sovereignty?

Journal Netherlands Journal of Legal Philosophy, Issue 3 2015
Keywords accommodation, freedom of religion, political theology, liberalism, liberty of conscience
Authors Jean L. Cohen
AbstractAuthor's information

    This article focuses on an expansive conception of religious freedom propagated by a vocal group of American legal scholars – jurisdictional pluralists – often working with well-funded conservative foundations and influencing accommodation decisions throughout the US. I show that the proliferation of ‘accommodation’ claims in the name of church autonomy and religious conscience entailing exemption from civil regulation and anti-discrimination laws required by justice have a deep structure that has little to do with fairness or inclusion or liberal pluralism. Instead they are tantamount to sovereignty claims, involving powers and immunities for the religious, implicitly referring to another, higher law and sovereign than the constitution or the people. The twenty-first century version of older pluralist ‘freedom of religion’ discourses also rejects the comprehensive jurisdiction and scope of public, civil law – this time challenging the ‘monistic sovereignty’ of the democratic constitutional state. I argue that the jurisdictional pluralist approach to religious freedom challenges liberal democratic constitutionalism at its core and should be resisted wherever it arises.


Jean L. Cohen
Jean L. Cohen is the Nell and Herbert M. Singer Professor of Political Thought and Contemporary Civilization at the Department of Political Science of Columbia University (New York) and will be the Emile Noel Fellow at the Jean Monet Center of the NYU Law School from January till June 2016.
Article

Policy Considerations for New Human Space Exploration Strategies

The Space Generation Perspective

Journal International Institute of Space Law, Issue 7 2015
Authors Chantelle Dubois, Lazlo Bacsardi, Ali Nasseri e.a.
Author's information

Chantelle Dubois
Space Generation Advisory Council, Canada

Lazlo Bacsardi
Hungary

Ali Nasseri
Canada

Michael Deiml
Germany

Alana Bartolini
Canada

Kate Howells
Canada

Jessica Todd
Australia

Kumar Abhijeet
Australia
Article

Access_open The Casuistry of International Criminal Law: Exploring A New Field of Research

Journal Netherlands Journal of Legal Philosophy, Issue 2 2015
Keywords international criminal law, judicial reasoning, casuistry, genocide
Authors Marjolein Cupido
AbstractAuthor's information

    International criminal courts have made an important contribution to the development of international criminal law. Through case law, the courts have fine-tuned and modernized outdated concepts of international crimes and liability theories. In studying this practice, scholars have so far focused on the judicial interpretation of statutory and customary rules, thereby paying little attention to the rules’ application in individual cases. In this article, I reveal the limitations of this approach and illustrate how insights from casuistry can advance international criminal law discourse. In particular, I use the example of genocide to show that casuistic case law analyses can help scholars clarify the meaning of the law and appraise the application of substantive legal concepts in individual cases. Based on these observations, I argue that scholars should complement their current research with studies into the casuistry of international criminal law.


Marjolein Cupido
Marjolein Cupido is Assistant Professor at the Department of Criminal Law at VU University Amsterdam and fellow of the Center for International Criminal Justice.
Article

Goodwill/Intangibles Accounting Rules, Earnings Management, and Competition

Journal European Journal of Law Reform, Issue 1 2015
Keywords fraud, mergers and acquisitions, Games economic psychology, regulation, goodwill and intangibles
Authors Michael I.C. Nwogugu
AbstractAuthor's information

    Intangible assets account for 60%-75% of the market capitalization value in most developed stock markets around the world. The US GAAP and IFRS Goodwill and Intangibles accounting regulations (ASC 805, Business Combinations; ASC 350, Goodwill and Intangible Assets; IFRS-3R, Business Combinations; and IAS 38, Accounting for Intangible Assets) are inefficient and create potentially harmful psychological biases. These regulations facilitate earnings management and money laundering, reduce competition within industries, and are likely to increase the incidence of fraud and misconduct. This article introduces a new goodwill/intangibles disclosure/accounting model that can reduce the incidence of fraud, information asymmetry, moral hazard, adverse selection, and inaccuracy. The article also introduces new economic psychological theories that can explain fraud, misconduct, and non-compliance arising from the implementation of the goodwill/intangibles accounting rules.


Michael I.C. Nwogugu
Address: Enugu, Enugu State, Nigeria. Emails: mcn2225@aol.com; mcn111@juno.com. Phone: 234-909-606-8162.
Article

Access_open Parental Liability for Externalities of Subsidiaries

Domestic and Extraterritorial Approaches

Journal The Dovenschmidt Quarterly, Issue 3 2014
Keywords company law, group liability, comparative approach, liability matrix, statutory/judicial approaches
Authors Linn Anker-Sørensen
AbstractAuthor's information

    This paper offers a structural tool for examining various parental liability approaches for the externalities of its subsidiaries, meaning in the context of this paper, the negative environmental impact of their operations. In order to conclude that the parent is liable for externalities of subsidiaries, one must be able to bypass the corporate privileges of separate legal personality and limited liability, either within traditional company law or within alternative approaches offered by notably tort and environmental law. The overall acceptance of companies within groups as single entities, instead of recognition of their factual, often closely interlinked economic relationship, is a well-known barrier within traditional company law. The situation is exacerbated by the general lack of an extraterritorial liability approach and of enforcement of the rare occurrences of such liability within the traditional company law context. This paper explores various liability approaches found in jurisdictions worldwide mainly based on mapping papers from the international Sustainable Companies Project. The author introduces a matrix in order to systemize the different approaches, distinguishing between three levels: domestic and extraterritorial, statutory and judicial and indirect and direct liability. A proper distinction between the different liability approaches can be valuable in order to identify the main barriers to group liability in regulation and in jurisprudence.


Linn Anker-Sørensen
Research assistant in the Research Group Companies, Markets, Society and the Environment and its Sustainable Companies Project, Faculty of Law, University of Oslo (jus.uio.no/companies under Projects).
Article

From a Soft Law Process to Hard Law Obligations

The Kimberley Process and Contemporary International Legislative Process

Journal European Journal of Law Reform, Issue 1 2014
Keywords Kimberley Process, soft law, international law, legislative process
Authors Martin-Joe Ezeudu
AbstractAuthor's information

    Ever since its creation and coming into force in 2003, the Kimberley Process has elicited a number of academic commentaries coming from different backgrounds. Legal scholars who have contributed to the commentaries, simply projected the regulatory regime as an international soft law without further analysis, based on an evaluation of the text of the agreement. This article in contrast, explores its practical effects and the manner of obligations that it imposes on its participant countries. It argues that although the regime may have been a soft law by classification, its obligations are hard and are no different from those of a conventional treaty. Those obligations enhance its juridical force, and are a factor by which the regime on its own tends to nullify the traditional criteria for distinction between hard and soft law in international jurisprudence, because it has elements of both.


Martin-Joe Ezeudu
PhD (Osgoode Hall Law School, York University, Toronto, Canada); LLM (University of Birmingham, UK); LLB (Nnamdi Azikiwe University, Awka, Nigeria); Barrister & Solicitor, Nigeria; Solicitor, England & Wales. An articling student at the Ontario Ministry of the Attorney General (Legal Services Branch of the Ministry of Consumer Services), Toronto, Canada. I am grateful to Prof Ikechi Mgbeoji who introduced me to this line of research. My thanks to Mr Tom van der Meer for his helpful comments on an earlier draft of this article. All errors and omissions remain mine. Dedicated to the loving memory of my brother, Chukwuemeka Innocent Ezeudu ‍–‍ a true brother and companion.
Article

Access_open Offer and Acceptance and the Dynamics of Negotiations: Arguments for Contract Theory from Negotiation Studies

Journal Erasmus Law Review, Issue 2 2013
Keywords Contract Formation, Offer and Acceptance, Negotiation, Precontractual, UNIDROIT Principles of International Commercial Contracts
Authors Ekaterina Pannebakker LL.M.
AbstractAuthor's information

    The doctrine of offer and acceptance forms the basis of the rules of contract formation in most western legal systems. However, if parties enter into elaborate negotiations, these rules may become difficult to apply. This paper addresses the application of the doctrine of offer and acceptance to the formation of contract in the context of negotiations. The paper argues that while the doctrine of offer and acceptance is designed to assess the issues related to the substance of the future eventual contract (the substantive constituent of negotiations), these issues overlap within the context of negotiations with the strategic and tactical behaviour of the negotiators (dynamic constituent of negotiations). Analysis of these two constituents can be found in negotiation studies, a field which has developed over the last decades. Using the rules of offer and acceptance of the UNIDROIT Principles of International Commercial Contracts as an example, this paper shows that the demarcation between the substantive and the dynamic constituents of negotiations can be used as the criterion to distinguish between, on the one hand, the documents and conduct forming a contract, and, on the other hand, other precontractual documents and conduct. Furthermore, the paper discusses the possibility of using the structure of negotiation described by negotiation studies as an additional tool in the usual analysis of facts in order to assess the existence of a contract and the moment of contract formation.


Ekaterina Pannebakker LL.M.
PhD candidate, Erasmus School of Law, Erasmus University Rotterdam. I thank Sanne Taekema and Xandra Kramer for their valuable comments on the draft of this article, and the peer reviewers for their suggestions. The usual disclaimer applies.
Article

Access_open The Opacity of a Multinational Company’s Organization, Legal Structure and Power

What Type of Corporate Information Must a Multinational Company Make Public Pursuant to Dutch Law? Options for Improving Dutch Law: Better Access to Corporate Information for Stakeholders

Journal The Dovenschmidt Quarterly, Issue 3 2013
Keywords transparency, CSR disclosure, corporate legal structure, legal framework for corporate reporting, integrated reporting
Authors Tineke E. Lambooy, Rosalien A. Diepeveen, Kim Nguyen e.a.
AbstractAuthor's information

    This article describes the types of information that a multinational company must make public pursuant to Book 2 of the Dutch Civil Code, the Act on Financial Supervision and the Commercial Registers Act. We ascertain that: (i) the Dutch Trade Register fails in providing adequate information about the foreign parts of a group; (ii) the annual reporting laws fail to require companies to provide an insight in the group legal structure, the business organization and the corporate social responsibility profile of a multinational company; and (iii) the Act on Financial Supervision fails to include disclosure requirements regarding the corporate social responsibility profile of a listed company. Different possible legislative amendments are provided in this article that could enhance transparency concerning a Dutch multinational company’s business organization, the legal structure and its corporate social responsibility profile, so that corporate information is better accessible for stakeholders. We conclude that most of these improvements are not limited to the Dutch legal system, but can be seen in the light of a global trend of increased corporate transparency. With this article, we hope to contribute to a new mind-set whereby transparency is stimulated, by offering concrete (policy) tools.


Tineke E. Lambooy
Dr. T.E. Lambooy, LL.M., is an associate professor at Utrecht University’s Molengraaff Institute for Private Law and at Nyenrode Business University’s Center for Sustainability. She is the author of Corporate Social Responsibility. Legal and Semi-Legal Frameworks Supporting CSR (Kluwer, 2010).

Rosalien A. Diepeveen

Kim Nguyen
P.K. Nguyen obtained her LL.M. degree at Utrecht University Law School.

Sander van ’t Foort
R.A. Diepeveen and S. van ’t Foort are currently pursuing an LL.M. degree at Utrecht University Law School. The authors are very grateful to R. Hordijk, LL.M., for supporting them in the research on this topic and to K. Hooft, LL.M., for reviewing the draft contribution.
Discussion

Access_open Against the ‘Pestilential Gods’

Teubner on Human Rights

Journal Netherlands Journal of Legal Philosophy, Issue 3 2011
Keywords semiosphera, paranomia, Drittwirkung, matrix argument
Authors Pasquale Femia
AbstractAuthor's information

    Examining the function of human rights in the semiosphere requires a strategy of differentiation: the dissolution of politics into political moments (politics, it is argued, is not a system, but a form of discourse); the distinction between discourse and communication; the concept of systemic paranomic functionings. Paranomia is a situation generated by the pathological closure of discourses, in which knowledge of valid and observed norms obscures power. Fundamental rights are the movement of communication, claims about redistributing powers, directed against paranomic functionings. Rethinking the debate about the third party effect implies that validity and coherence must be differentiated for the development of the ‘matrix argument’.


Pasquale Femia
Pasquale Femia is Professor of Private Law at the Faculty of Political Studies of the University of Naples II, Italy.
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