Managerial Law最新文献

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Free movement of workers: Changing the european society 工人自由流动:改变欧洲社会
Managerial Law Pub Date : 2005-12-01 DOI: 10.1108/03090550510771232
Rolf Grawert
{"title":"Free movement of workers: Changing the european society","authors":"Rolf Grawert","doi":"10.1108/03090550510771232","DOIUrl":"https://doi.org/10.1108/03090550510771232","url":null,"abstract":"Free movement of persons is one of the fundamental freedoms guaranteed by European laws. For workers, this freedom was set up since the beginning of the European selforganization by the European Council and the Economic Community. When this Community was established in 1957, that free dom became one of its leading principles. Since the Treaty of Maastricht, it is an essential element of European citizenship, and there fore an element of the civil community and of the democracy of the Union, too. Today, this freedom is guaranteed in Article 18 of the Treaty Establishing the European Community as a civil right and especially in Article 39 of that Treaty as a fundamental freedom. Because of this connection of a right for individuals and a status defining a corporation and community, I will discuss the thesis that free movement of workers can build or change the European society.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133608105","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
The European social model and the social doctrine of the Catholic Church 欧洲的社会模式和天主教会的社会学说
Managerial Law Pub Date : 2005-12-01 DOI: 10.1108/03090550510771205
A. Jacobs
{"title":"The European social model and the social doctrine of the Catholic Church","authors":"A. Jacobs","doi":"10.1108/03090550510771205","DOIUrl":"https://doi.org/10.1108/03090550510771205","url":null,"abstract":"I have chosen as title of my presentation “The European Social Model and the Social Doctrine of the Catholic Church”, because, as we all know, the Catholic Church is a very influential force in the new EU Member State Poland. I would like to consider the question whether the European Social Model and the Social Doctrine of the Catholic Church are in concordance with each other. The existance of such a concordance cannot be assumed a priori. Most European countries are nowadays pluriform societies, which values can deviate from those of the Catholic Church. We see this clearly on issues like divorce, anticonception, abortion, euthanasia and homosexuality. On such items the divergence between the values of the EU and the Catholic Church are mean while so large, that even one year ago they led the European Parliament to dismiss the nomination of the Italian Buttiglioni for membership of the European Commission.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123103038","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
Positive and negative factors for collective bargaining and social dialogue in a democratic and pluralistic environment 民主和多元化环境中集体谈判和社会对话的积极因素和消极因素
Managerial Law Pub Date : 2005-12-01 DOI: 10.1108/03090550510771269
António Monteiro Fernandes
{"title":"Positive and negative factors for collective bargaining and social dialogue in a democratic and pluralistic environment","authors":"António Monteiro Fernandes","doi":"10.1108/03090550510771269","DOIUrl":"https://doi.org/10.1108/03090550510771269","url":null,"abstract":"Some remarks on the meaning of “collective bargaining”, “social dialogue” and “democratic and pluralistic environment”.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133279285","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
What is corporate social responsibility? : The case of Canada 什么是企业社会责任?加拿大的情况
Managerial Law Pub Date : 2005-10-01 DOI: 10.1108/03090550510771142
Guylaine Vallée
{"title":"What is corporate social responsibility? : The case of Canada","authors":"Guylaine Vallée","doi":"10.1108/03090550510771142","DOIUrl":"https://doi.org/10.1108/03090550510771142","url":null,"abstract":"The question of responsibility is not new to labour law. The earliest developments in labour law and social law sprang from a “legal revolution” to borrow the words of Georges Scelle, considering the concept of responsibility that prevailed in common law. Civil responsibility which was originally based on fault could now be based on the risk inherent to a socially useful activity so as to ensure that the responsibility for damages that might result from it be equitably shared. This development took place under the generalization of the industrial production mode, first within the frame work of laws respecting compensation for industrial accidents.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114363985","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: 49
The United States, NATO and the role of alliances in international politics: Theoretical expectations and the empirical record 美国、北约和联盟在国际政治中的作用:理论期望和经验记录
Managerial Law Pub Date : 2005-10-01 DOI: 10.1108/03090550510771188
M. Kramer
{"title":"The United States, NATO and the role of alliances in international politics: Theoretical expectations and the empirical record","authors":"M. Kramer","doi":"10.1108/03090550510771188","DOIUrl":"https://doi.org/10.1108/03090550510771188","url":null,"abstract":"The power vacuum in Europe after World War II induced the United States and the Soviet Union to seek European allies against one another (an action that neorealists would describe as “external balancing”). The disparate geopolitical circumstances facing the two super powers were bound to have some effect on the types of alliances they sought. In the United States, many officials and legislators initially were reluctant to maintain a permanent military presence in Europe. They planned instead to help the West European states themselves acquire the wherewithal to sustain a viable balance against the Soviet Union. Not until after the outbreak of the Korean War in June 1950 did U.S. perceptions of the Soviet threat change enough to generate wide spread support for a huge increase in the U.S. military commitment to Western Europe. By that point, U.S. officials already sensed, from the Berlin crisis of 1948‐49, that the United States would need an extensive network of military bases in Western Europe if it wished to deter or rebuff Soviet probes on the continent. The increased deployment of U.S. troops and weapons in Europe from late 1950 on was geared toward that end, and was also intended to reassure the West Europeans of the strength of the U.S. commitment to their defense. That commitment had been nominally codified in April 1949 ‐ primarily at the West Europeans’ initiative ‐ with the establishment of the North Atlantic Treaty Organization (NATO), but it was not until the early 1950s, after the shock of Korea, that the United States began putting up the resources needed to fulfill its military obligations to NATO.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115913232","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
Reforming the legal environment of business in Sub‐Saharan Africa: Moderating effects on foreign direct investment 改革撒哈拉以南非洲的商业法律环境:对外国直接投资的缓和影响
Managerial Law Pub Date : 2005-10-01 DOI: 10.1108/03090550510771179
Darlington Richards, S. Nwankwo
{"title":"Reforming the legal environment of business in Sub‐Saharan Africa: Moderating effects on foreign direct investment","authors":"Darlington Richards, S. Nwankwo","doi":"10.1108/03090550510771179","DOIUrl":"https://doi.org/10.1108/03090550510771179","url":null,"abstract":"Purpose: This paper discusses some of the contending issues in the legal environment of business in Sub‐Saharan Africa (SSA) as they relate to Foreign Direct Investment (FDI). Given that ‘fear of national laws’ has been consistently cited as a major factor inhibiting foreign investments in the region, this paper argues that ‘arbitration/alternative dispute resolution’ (A/ADR) offers a strategically complementary adjudicative system to mitigate this adverse perception. Design/methodology/approach: Based on a synthesis of the literature, the paper, first, outlines the emerging A/ADR‐driven trends in global business. From this premise, it focuses the market transition challenges facing SSA and identifies the disparate regional legal systems, with their backgrounds and origins in common, civil and Islamic laws, as primary issues of concern. Findings: Apart from lacking uniformity in application, the legal strictures have made the resolution of legal and contractual obligations much more cumbersome and expensive, thereby discouraging significant FDI flow to SSA. Research limitations/implications: The need to secure the confidence of investors by reforming the law and the adjudication process appears compelling. However, the socio‐cultural considerations that should naturally embed effective arbitral protocols are not addressed in this paper. Originality/value: A/ADR mechanism is not presently a key feature in the legal environment of business in SSA. However, it is likely to prove a more functional adjudication process than the procedural formalities of litigation. By its characterization, this approach promotes the creative implementation of a “home‐grown” frame work for commercial dispute resolution, thus avoiding the drudgeries of litigation but at the same time providing the needed catalysts for enabling FDI.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131272102","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: 13
Law and finance in a digital and global world 数字和全球化世界中的法律和金融
Managerial Law Pub Date : 2005-10-01 DOI: 10.1108/03090550510771160
Georgios I. Zekos
{"title":"Law and finance in a digital and global world","authors":"Georgios I. Zekos","doi":"10.1108/03090550510771160","DOIUrl":"https://doi.org/10.1108/03090550510771160","url":null,"abstract":"Globalisation is generally defined as the “denationalisation of clusters of political, economic, and social activities” that destabilize the ability of the sovereign State to control activities on its territory, due to the rising need to find solutions for universal problems, like the pollution of the environment, on an international level. Globalisation is a complex, forceful legal and social process that take place within an integrated whole with out regard to geographical boundaries. Globalisation thus differs from international activities, which arise between and among States, and it differs from multinational activities that occur in more than one nation‐State. This does not mean that countries are not involved in the sociolegal dynamics that those transboundary process trigger. In a sense, the movements triggered by global processes promote greater economic interdependence among countries. Globalisation can be traced back to the depression preceding World War II and globalisation at that time includ...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114656952","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
What social responsibility for the corporation?: A report on the United States 公司的社会责任是什么?一份关于美国的报告
Managerial Law Pub Date : 2005-10-01 DOI: 10.1108/03090550510771133
Risa L. Lieberwitz
{"title":"What social responsibility for the corporation?: A report on the United States","authors":"Risa L. Lieberwitz","doi":"10.1108/03090550510771133","DOIUrl":"https://doi.org/10.1108/03090550510771133","url":null,"abstract":"The questions posed for the national reporters for this International Seminar demonstrate the wide range of issues that can be included as part of an analysis of corporate social responsibility. Even limiting the discussion of corporate social responsibility to employment issues covers a broad scope, represented by the three general questions posed for this Seminar: (1) hiring policy; (2) personnel management policy; and social protection policy. Before entering this discussion of the three questions, though, it may be useful to step back to an even broader question of the meaning of the term, “corporate social responsibility” (CSR). The term, itself, carries an underlying assumption of the legitimacy of a particular economic system and its central actors; that is, corporations are central, legitimate, and functional actors in social relations within a capitalist economic structure. The concept of CSR does not question the existence of corporations and their role in maintaining a system of private ownersh...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132045675","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: 11
Which social responsibility for the enterprise 企业承担哪些社会责任
Managerial Law Pub Date : 2005-10-01 DOI: 10.1108/03090550510771151
M. Weiss
{"title":"Which social responsibility for the enterprise","authors":"M. Weiss","doi":"10.1108/03090550510771151","DOIUrl":"https://doi.org/10.1108/03090550510771151","url":null,"abstract":"Corporate Social Responsibility (CSR) has become a key issue in the global context. The idea is to reshape the focus of companies’ activities by taking account of employees’ and society’s interests. This fashionable label plays a big role in the context of codes of conduct for multinational enterprises as well as for recent strategies EU policies. Long before the invention of the label CSR it has been generally accepted in Germany that enterprises are not supposed to primarily increase the “share holder value” but rather the “stakeholders’ value”, thereby including the employees’ interests. And it even has been assumed that enterprises do have an important function in promoting the well being of the society as a whole: the bigger the company the bigger the duties in this respect. This view is backed by the Constitution and inline with the constitutional doctrine as well as with the interpretation given by the Federal Constitutional Court.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124418204","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: 10
Towards a New Understanding of Education in the Globalizing World: Life long Learning 全球化世界中对教育的新认识:终身学习
Managerial Law Pub Date : 2005-06-01 DOI: 10.1108/03090550510771494
P. Boyadjieva, K. Petkova
{"title":"Towards a New Understanding of Education in the Globalizing World: Life long Learning","authors":"P. Boyadjieva, K. Petkova","doi":"10.1108/03090550510771494","DOIUrl":"https://doi.org/10.1108/03090550510771494","url":null,"abstract":"More than three decades ago, Robert Hutchins published his visionary book, The Learning Society. “In the 21st century,” wrote Hutchins, “education can at last be come what it is in itself... The learning society will not only offer opportunities for developing every one’s education through all stages of one’s life but will also succeed to transform its values in such a way that learning, self‐regulation, humane behaviour will be come its goals and all in stitutions will be oriented towards them” (Hutchins, 1968: 134). If, in the year of publication, these ideas were accepted as scientific foresight, today, they describe the reality in the advanced western democratic societies. The concept of continuing education is defined as “one of the key ideas of the 21st century” and the very education throughout life, as “a key to the 21st century” (Delore, 1997: 20, 97). Today, education ceases to be viewed only as preparation for life, as its so‐to‐say foyer with clearly outlined boundaries. It is turning into a permanent companion of the individual, not only a part of one’s life but also a specific form, a way of life.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123077503","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
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