{"title":"Is It Time to Unify European and U.S. Tort Laws","authors":"A. Raj","doi":"10.2139/SSRN.1139981","DOIUrl":"https://doi.org/10.2139/SSRN.1139981","url":null,"abstract":"According to Winfield, Tort is a breach of duty fixed by law. In theory, rules of tort law aims at preventing or discouraging specific unlawful behaviour that increases the risk of undesirable damage. At the same time the tort system is mainly focussed on compensating damage after the event. Owing to rapid globalization and frequent movement of people from one place to another there have often been conflicts with the remedies for Tort that different countries award. One may consider the fact that common law approach of creating law around precedent is found only in the Anglo-American legal tradition. Despite the dominance of civil codes that are derived from Roman law in all of the continental European countries, there are many national differences. Sweden and Norway for example, have a well-established ombudsman tradition for resolving disputes, which is not found in France. In the field of products liability, there are several divergent doctrinal paths that have survived the European Community's adoption of a Products Liability Directive. There is a growing need to resolve these conflicting laws and harmonize the award of remedies in Tort.","PeriodicalId":364150,"journal":{"name":"SEIN Ethical Business Practices eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124748470","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}
{"title":"What is the Significance of Al Gore's Purported Hypocrisy?","authors":"S. Aikin","doi":"10.2139/ssrn.1088546","DOIUrl":"https://doi.org/10.2139/ssrn.1088546","url":null,"abstract":"This paper is a survey of a variety of hypocrisy charges levied against Al Gore. Understood properly, these hypocrisy charges actually support Gore's case.","PeriodicalId":364150,"journal":{"name":"SEIN Ethical Business Practices eJournal","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116697097","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}
{"title":"The Global Compact's Contribution to Global Governance Revisited","authors":"Johanna Brinkmann-Braun, I. Pies","doi":"10.2139/SSRN.1001425","DOIUrl":"https://doi.org/10.2139/SSRN.1001425","url":null,"abstract":"The United Nations Global Compact (GC) is an international learning network that links companies with United Nations agencies, labour and civil society. Neither a regulatory regime nor a voluntary code of industry conduct, it is a unique contribution to the process of global governance, where the traditional rules of the political game are being challenged by the introduction of new actors and new methods of political coordination in the political arena. As a first step, this paper examines the origins, mission and objectives of the initiative and relates them to the current organizational structure. As a second step, the progress on organizational and collective learning through the GC is explored. Here, the paper illustrates how the revised organizational structure has helped to improve both organizational and collective learning efforts. However, the potential of the GC's local networks has apparently still not been fully exploited. In summary, the innovative, incomparable and flexible opportunities of the GC's engagement mechanisms appear to simultaneously be the major strength and chief weakness of the initiative. The paper concludes that the future success or failure of the GC will hinge upon the initiative's ability to make substantial progress in quantitative (number of participating companies) and qualitative (value of participation) terms.","PeriodicalId":364150,"journal":{"name":"SEIN Ethical Business Practices eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131262337","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}
{"title":"The Role of International Human Resource Management in the Formulation and Implementation of Ethics Programs in Multinational Enterprises","authors":"A. Vadera, Ruth V. Aguilera","doi":"10.2139/ssrn.990045","DOIUrl":"https://doi.org/10.2139/ssrn.990045","url":null,"abstract":"Organizations, across the globe, are implementing ethics programs but with mixed results. This issue becomes more complex for multinational enterprises operating in several different economies simultaneously. In this chapter, we extensively review the literature on ethics programs in the US and the international context to suggest ways of better understanding the role of international human resource management in the success of ethics programs in multinationals. We propose that the ethics programs should be fully integrated with the human resource practices for their successful formulation, designing in terms of content, and communication of ethics programs. We also suggest that this integration should be examined along with institutional, industry- and country-level, and organizational forces affecting the success of ethics programs to garner a holistic view of the role of international human resource management in the formulation and implementation of ethics programs in multinational enterprises.","PeriodicalId":364150,"journal":{"name":"SEIN Ethical Business Practices eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115586849","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}
{"title":"The Global Refunding System and Climate Change","authors":"H. Gersbach","doi":"10.2139/ssrn.954889","DOIUrl":"https://doi.org/10.2139/ssrn.954889","url":null,"abstract":"We propose a global refunding scheme as a new international approach to addressing climate change. A global refunding system allows each country to set its carbon emission tax, while aggregate tax revenues are partially refunded to member countries in proportion to the relative emissions reduction they achieve within a period. Nationally determined environmental policies and global refunding create increasing incentives to reduce emissions and may achieve e±ciency and equity objectives of global climate policy.","PeriodicalId":364150,"journal":{"name":"SEIN Ethical Business Practices eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125019655","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}
{"title":"The Economic Ethics of Social Dilemmas","authors":"I. Pies, Sören Buttkereit","doi":"10.2139/ssrn.970523","DOIUrl":"https://doi.org/10.2139/ssrn.970523","url":null,"abstract":"Economic ethics is a research program that employs instruments of economic analysis in order to reflect upon problems of morality, e.g. the legitimization of market and state in shaping individual conduct. From the perspective of economic ethics, this paper examines the concept of social dilemmas and its significance for understanding - and improving - the institutional structures of modern society. A social dilemma is a situation, in which all actors behave according to their individual interests but the outcome is Pareto-inferior. The archetype of a social dilemma is the prisoners' dilemma that has become famous as a centerpiece of game theory. However, while game theory looks at optimal strategies for individual players in the interaction with others, economic ethics analyzes the institutional conditions of the interaction from a social perspective. It employs the concept of social dilemmas as a heuristics to identify changes in the rules of the game that improve the overall outcome. In light of this approach, economic ethics is concerned with transforming the outcome of strategy combinations rather than trying to modify individual strategies. This can either imply establishing a social dilemma or overcoming it, depending on the effect of cooperation on a third party. This approach involves changing the payoffs for actors by introducing rewards or penalties through either external authority or through actors' selfcommitment. The optimal choice of method depends on the type of situation, the existence of an effective authority and the available incentives. Thus, understanding the economic logic of social dilemmas is vital for assessing the legitimacy of institutional arrangements.","PeriodicalId":364150,"journal":{"name":"SEIN Ethical Business Practices eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131389798","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}
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