SRPN: Legal Issues (Topic)最新文献

Liability for Climate Damage and Shipping 气候损害和运输责任

SRPN: Legal Issues (Topic) Pub Date : 2021-02-10 DOI: 10.4324/9781003155195-13

E. McGaughey

{"title":"Liability for Climate Damage and Shipping","authors":"E. McGaughey","doi":"10.4324/9781003155195-13","DOIUrl":"https://doi.org/10.4324/9781003155195-13","url":null,"abstract":"How can the global shipping industry play its part in the fight to stop climate damage? Shipping accounts for around 90% of all international trade, and for 2.5% to 4% of all global greenhouse gas emissions, which damage the Earth’s climate. The shipping industry is also heavily concentrated. The top four European firms alone (Maersk, MSO, CMA and Hapag-Lloyd) hold a 52.4% market share, meaning they probably generate from 1% to 2% of global emissions. Total emissions will decline, since 40% of all shipping cargo is coal, oil and gas, and this will be eliminated as energy generation and land transport comes from wind, solar, hydro and electric battery storage. However, this will leave substantial emissions that damage the climate, property and life. In 2012, the International Maritime Organisation announced a non-binding target of a 50% emission cut by 2050, while the EU Shipping Pollution Regulation 2015/757 merely contains a monitoring, reporting and verification system for carbon dioxide, but not other emissions. This leads to the question of whether liability for climate damage may encourage more rapid transition, with the elimination of fossil fuel exhausts as fast as technologically possible. This article discusses the developing case law in tort on liability for climate damage, an implicit director’s duty of care, the challenges that such action faces in common law and civil law, and the reasons that these challenges can be overcome.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122092780","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Pluralism, Cultural Values, and Post-Disaster Housing Project in a Philippine Municipality 法律多元性、文化价值与菲律宾市灾后住房计画

SRPN: Legal Issues (Topic) Pub Date : 2020-10-15 DOI: 10.2139/ssrn.3721048

Vivencio O. Ballano

{"title":"Legal Pluralism, Cultural Values, and Post-Disaster Housing Project in a Philippine Municipality","authors":"Vivencio O. Ballano","doi":"10.2139/ssrn.3721048","DOIUrl":"https://doi.org/10.2139/ssrn.3721048","url":null,"abstract":"This article argues that cultural values can act as dominant norms and subvert the state’s official law in the awarding of post-disaster shelters to Typhoon Ondoy (Tropical Storm Ketsana) victims in a housing project in the Philippines. Applying some tenets of legal pluralism and some qualitative data from a case study, this article aims to show how the key Filipino cultural values of “palakasan,” “sakop,” and “padrino system” acted as the key unofficial laws or informal norms in the government’s post-disaster housing project for Typhoon Ondoy victims, thereby sidestepping the official legal provisions on the awarding of housing units to disaster victims. Specifically, it describes how these cultural values undermined the implementation of the official law on the qualification of applicants and proper awarding of housing units to beneficiaries under the Philippine Disaster Risk Reduction Management Act of 2010 and the Urban Housing and Development Act of 1992 in the Southville 8 Housing Project (S8HP), a governmental post-disaster housing project in Rodriguez, Rizal. In a highly politicized environment with plurality of stakeholders and norms in S8HP, the official state regulations became colonized by some powerful groups’ dominant cultural values that acted as “unofficial laws” in the distribution of the housing units as shown by this study, resulting in the awarding of shelters to disqualified beneficiaries, forfeiting the intended effects of the state law. Ultimately, it argues that the law is not what the official state law says “it is’ but what powerful individuals and groups say “it is” in actual social practice. It debunks the belief of legal formalists who advocate legal positivism and centralism, claiming that the law can deliver what it promises under the “rule of law” principle.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125117215","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Should Corporations have a Purpose? 公司应该有目标吗?

SRPN: Legal Issues (Topic) Pub Date : 2020-08-03 DOI: 10.2139/SSRN.3561164

Jill E. Fisch, Steven Davidoff Solomon

{"title":"Should Corporations have a Purpose?","authors":"Jill E. Fisch, Steven Davidoff Solomon","doi":"10.2139/SSRN.3561164","DOIUrl":"https://doi.org/10.2139/SSRN.3561164","url":null,"abstract":"The hot topic in corporate governance is the debate over corporate purpose and, in particular, whether corporations should shift their purpose from the pursuit of shareholder wealth to pursuing a broader conception of stakeholder or societal value. We argue that this debate has overlooked the critical predicate questions of whether a corporation should have a purpose at all and, if so, why. \u0000 \u0000We address these questions by examining the historical, legal and theoretical justifications for corporate purpose. We find that none of the three provides a basis for requiring a corporation to articulate a particular purpose or for a given normative conception of what that purpose should be. We additionally challenge recent corporate commitments to stakeholder value as lacking both binding legal effect and operational significance. \u0000 \u0000We nonetheless argue that articulating a corporate purpose can be valuable, and we justify a specification of corporate purpose on instrumental grounds. Because a corporation consists of a variety of constituencies with differing interests and objectives, an articulated, measurable and enforceable corporate purpose enables those constituencies both to select those corporations with which they wish to identify and to navigate the terms of that association through contract or regulation. Our instrumental view of the corporation brings a new perspective to the purpose debate.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133376482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

A Real Option Approach to Sustainable Corporate Tax Behavior 可持续企业税收行为的实物期权研究

SRPN: Legal Issues (Topic) Pub Date : 2020-07-03 DOI: 10.3390/su12135406

A. Van de Vijver, D. Cassimon, P. Engelen

引用次数: 9

Sustainable Competition Policy 可持续竞争政策

SRPN: Legal Issues (Topic) Pub Date : 2020-03-01 DOI: 10.2139/ssrn.3608023

Maurits Dolmans

引用次数: 5

Framing Duties of Responsible Credit Policies in EU Law 欧盟法律中负责任信贷政策的框架责任

SRPN: Legal Issues (Topic) Pub Date : 2019-12-01 DOI: 10.2139/ssrn.3654555

Noah Vardi

引用次数: 0

Financial Performance under Stress: The Case of the Norwegian Maritime Cluster 压力下的财务表现:挪威海事集群的案例

SRPN: Legal Issues (Topic) Pub Date : 2019-11-11 DOI: 10.21511/pmf.08(1).2019.05

Viktoriia Koilo

{"title":"Financial Performance under Stress: The Case of the Norwegian Maritime Cluster","authors":"Viktoriia Koilo","doi":"10.21511/pmf.08(1).2019.05","DOIUrl":"https://doi.org/10.21511/pmf.08(1).2019.05","url":null,"abstract":"The present study investigates the Norwegian maritime industry in terms of its economic activity during the period 2001–2018. The purpose of the study is to determine the financial state and to conduct the cluster analysis of the companies which belong to the Blue Maritime Cluster of Møre and Romsdal County.The paper presents a structural analysis of key financial indicators of the maritime industry within four major segments: shipping companies, shipyards, ship equipment manufactures, and maritime design and service providers. The analysis sheds light on the impact of the 2015–2017 offshore crisis on the Norwegian maritime cluster activity, which makes up the essential components of the maritime industry.The author suggests using Harrington’s desirability function to measure the firms’ financial state of two main segments (shipping companies and shipyards) that belong to the Blue Maritime Cluster of the Norwegian North-Western coast, which remains the most important area in Norway for shipbuilding activities. The obtained results reveal that during the analyzed period (2001–2018), companies had a satisfactory level of financial sustainability (with the peak in 2002 for shipping firms and in 2011 for shipyards). Nevertheless, there were several fluctuations and the most significant troughs were fixed after 2014. Moreover, it was defined that government policy plays an important role in an increase in the productivity, competitiveness of the maritime industry and supports more environmentally friendly shipbuilding.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114819307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Can Governments Ban Materials with Large Carbon Footprint? Legal and Administrative Assessment of Product Carbon Requirements 政府能否禁止使用碳足迹大的材料?产品碳排放要求的法律和行政评估

SRPN: Legal Issues (Topic) Pub Date : 2019-11-01 DOI: 10.2139/ssrn.3501408

T. Gerres, M. Haussner, K. Neuhoff, A. Pirlot

{"title":"Can Governments Ban Materials with Large Carbon Footprint? Legal and Administrative Assessment of Product Carbon Requirements","authors":"T. Gerres, M. Haussner, K. Neuhoff, A. Pirlot","doi":"10.2139/ssrn.3501408","DOIUrl":"https://doi.org/10.2139/ssrn.3501408","url":null,"abstract":"This paper explores whether governments can ban carbon-intensive materials through product carbon requirements. By setting near-zero emission limits for the production of materials to be sold within a jurisdiction, governments would accelerate the phase out of carbon-intensive production processes. Their announcement could alert basic materials producers, financing institutions, and other relevant stakeholders, thus incentivising them to prepare for this shift by dedicating their innovation efforts and investments to climatefriendly production processes and low-carbon materials. The paper analyses various product standards and technical regulations in the European context. The analysis of these standards and technical regulations offers an overview of the types of environmental requirements that the European Union has already adopted. Therefore, it provides a case study of the political, legal, and technical backgrounds for the development of product carbon requirements, both in the EU and beyond. Second, the paper presents an analysis of the provisions in WTO law that would apply to product carbon requirements, underlining the legal arguments in support of their adoption under international trade law.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122580609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Why Social Responsible Corporations Should Take Tax Seriously 为什么有社会责任的企业要认真对待税收

SRPN: Legal Issues (Topic) Pub Date : 2019-10-02 DOI: 10.2139/ssrn.3604256

Hans Gribnau

引用次数: 0

Achieving Green Building in Qatar through Legal and Fiscal Tools 通过法律和财政手段在卡塔尔实现绿色建筑

SRPN: Legal Issues (Topic) Pub Date : 2019-09-29 DOI: 10.5539/jsd.v12n5p96

Aaron R. Harmon, J. Truby

{"title":"Achieving Green Building in Qatar through Legal and Fiscal Tools","authors":"Aaron R. Harmon, J. Truby","doi":"10.5539/jsd.v12n5p96","DOIUrl":"https://doi.org/10.5539/jsd.v12n5p96","url":null,"abstract":"In the midst of both a multi-State blockade of Qatar and the urgency to complete major building projects in time to host the 2022 FIFA World Cup, the limits of Qatar’s resource sustainability have been tested. The State of Qatar is the world’s highest per capita consumer of water and emitter of CO2 emissions. Qatar is also at considerable risk of becoming an unlivable nation if the global temperature change targets of the Paris Agreement are breached. National law and policy seek to address this by promoting sustainability and focusing on reducing consumption, though such efforts are commonly overwhelmed by the enormity of the construction projects. \u0000 \u0000This article considers how the advancement of green building can provide multiple dividends in Qatar by enabling reduced resource consumption and producing less waste. LEED® certified “green” buildings consume between 10% and 25% less energy and 11% less water and emit 34% lower greenhouse gases than similar conventional buildings. The article analyses Qatar’s law and policy approaches and available options. It further examines comparative law and policy models in the UK to explore how compatible such measures would be in Qatar. It concludes with possible legal and policy options available, assessing how effective such measures may work if transplanted into and/or adapted by Qatar.","PeriodicalId":202713,"journal":{"name":"SRPN: Legal Issues (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125837353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2