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引用次数: 0
摘要
本文提出了一种方法,用于概念化和评估企业行为体对不同社会法治环境的影响程度。为此,本文根据世界正义项目(World Justice Project)的法治指数(Rule of Law Index),重新设计了企业行为者与法治指数(Corporate Actors and the Rule of Law Index)的方法论。本文提出的方法包括以下因素:防止企业俘获和企业助长结构性不平等、企业诚信和透明度、有意义的利益相关者参与、秩序和安全、对监管领域的影响、企业对侵犯人权行为的问责、诉诸申诉机制。衡量企业行为者对法治的影响并指出这种影响的动态,大大有助于全面了解法治环境。缺乏这种衡量会扭曲对社会权力平衡的理解,阻碍法律监管的发展,妨碍发现在确保法治方面存在的问题,并阻碍解决这些问题的努力。
The Rule of Law and Corporate Actors: Measuring Influence
This article proposes an approach for conceptualizing and assessing the extent to which corporate actors impact the rule of law environment in different societies. To achieve this, the methodology for the Corporate Actors and the Rule of Law Index is developed based on a reimagined methodology derived from the Rule of Law Index by the World Justice Project, originally conceived in a state-centric manner. The methodology proposed in this article includes the following factors: preventing corporate capture and corporate contribution to structural inequality, corporate integrity and transparency, meaningful stakeholder engagement; order and security; impact on the regulatory sphere; corporate accountability for human rights abuses; access to grievance mechanisms. Measuring the influence of corporate actors on the rule of law and indicating the dynamic of this influence significantly contributes to the overall understanding of the rule of law environment. The absence of such measurement distorts the comprehension of the balance of power in a society, impedes the development of legal regulation, obstructs the identification of problematic issues in ensuring the rule of law, and hinders efforts to address them.
期刊介绍:
The Hague Journal on the Rule of Law (HJRL) is a multidisciplinary journal that aims to deepen and broaden our knowledge and understanding about the rule of law. Its main areas of interest are: current developments in rule of law in domestic, transnational and international contextstheoretical issues related to the conceptualization and implementation of the rule of law in domestic and international contexts;the relation between the rule of law and economic development, democratization and human rights protection;historical analysis of rule of law;significant trends and initiatives in rule of law promotion (practitioner notes).The HJRL is supported by HiiL Innovating Justice, The Hague, the Netherlands and the Paul Scholten Center for Jurisprudence at the Law School of the University of Amsterdam, the Netherlands.Editorial PolicyThe HJRL welcomes contributions from academics and practitioners with expertise in any relevant field, including law, anthropology, economics, history, philosophy, political science and sociology. It publishes two categories of articles: papers (appr. 6,000-10,000 words) and notes (appr. 2500 words). Papers are accepted on the basis of double blind peer-review. Notes are accepted on the basis of review by two or more editors of the journal. Manuscripts submitted to the HJRL must not be under consideration for publication elsewhere. Acceptance of the Editorial Board’s offer to publish, implies that the author agrees to an embargo on publication elsewhere for a period of two years following the date of publication in the HJRL.