Digital Commons Network^™

What Is The Role Of Basel Iii In Creating Sufficient Risk Management In Banking Sector?, Dimitrios V. Siskos

Dimitrios V. Siskos

This paper attempts to investigate the reasons that lead bankers into establishing Basel III agreement and, second, to examine whether it would be able to bring about prudent risk behavior among banks. Basel III was the third set of regulations, following Basel I and Basel II, and was developed in response to the financial crisis. The measures developed by the Basel Committee on Banking Supervision aimed to reinforce banks liquidity, to protect the banking sector from systemic risks, as well as to solidify the regulation. Although most of the fundamental problems, that were responsible for the global financial crisis, had …

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Kish Parella

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …

Outsourcing Corporate Accountability, Kishanthi Parella

Kish Parella

This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses …

Millennials' National And Global Identities As Drivers Of Materialism And Consumer Ethnocentrism, Mario V. González Fuentes

Mario Gonzalez Fuentes

A major effect of globalization is one that occurs on the self-concept. This is especially the case for young consumers, and particularly for millennials. Despite this cohort’s idiosyncrasies, little attention has been paid to the study of their consumer identities, an important aspect of self-concept. The current research addresses this gap by examining the way millennial consumers’ global and national identities help explain two attitudinal outcomes associated with globalization: materialism and consumer ethnocentrism. Data were collected from millennials in two distinct socio-cultural contexts. A key finding suggests that distinct contexts (i.e., collectivist and ethnically homogeneous vs. individualistic and ethnically diverse) …

Conceptual Issues Of Global Counterfeiting On Products And Services, D. Bosworth, Deli Yang

Deli Yang

Counterfeiting is a global problem of enormous magnitude. Despite its obvious importance, relatively little attention has been paid to the management of counterfeiting. This paper considers the difficulties of measuring counterfeiting and provides evidence of the magnitude of the problem worldwide. The focus is on counterfeiting of privately produced goods and services, rather than the issue of the counterfeiting of currency per se, which is a somewhat different though related issue. A conceptual framework of the private and social costs and benefits of anti-counterfeiting measures is also provided. The framework highlights a number of key driving forces of counterfeiting, including …

The Decline Of U.S. Manufacturing Employment - Automation And Trade, Susan N. Houseman

Susan N. Houseman

No abstract provided.

Private Import Safety Regulation And Transnational New Governance, Errol E. Meidinger

Errol Meidinger

Published as Chapter 12 in Import Safety: Regulatory Governance in the Global Economy, Cary Coglianese, Adam M. Finkel & David Zaring, eds.

This paper examines the role of ‘private’ (non-governmental) regulatory programs in assuring the safety of imported products. Focusing particularly on food safety it argues that private regulatory institutions have great capacity to control safety hazards and to implement dynamic systems for detecting and correcting nascent risks. However, to establish the accountability and legitimacy relationships necessary for long-term effectiveness, private safety regulatory programs must devise new ways of incorporating and responding to the interests of developing country producers, laborers, …

Beyond Westphalia: Competitive Legalization In Emerging Transnational Regulatory Systems, Errol E. Meidinger

Errol Meidinger

Published as Chapter 7 in Law and Legalization in Transnational Relations, Christian Brütsch & Dirk Lehmkuhl, eds.

This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish market-leveraged, social and environmental regulatory programs. These programs resemble state regulatory programs in many important respects, and are increasingly legalized. Individual sectors generally have multiple regulatory programs that compete with, but also mimic and reinforce each other. While forestry is the most developed example, similar …

Worldwide Access To Foreign Law: International & National Developments Toward Digital Authentication, Claire M. Germain

Claire Germain

This paper was originally presented at the World Library & Information Congress of the International Federation of Library Associations and Institutions (IFLA), Helsinki, Finland, August 2012, as part of a panel on Promoting Global Access to Law: Developing an Open Access Index for Official Authenticated Legal Information, Part II. Europe. http://conference.ifla.org/ifla78/programme-and-proceedings-day/2012-08-14. It focuses on worldwide access to the official word of the law, specifically to statutes, codes, regulations, court decisions, and international agreements in different foreign countries. The importance of improving global access to foreign law was highlighted at a 2012 joint European Commission/Hague Conference on Private International Law, with …

Effects Of International Study Tours On Attitude Toward Doing Business Globally: Assurance Of Learning In Executive Mba Programs, Uday S. Tate, Kamal Fatehi, Basanna Patagundi

Uday S. Tate

The past two decades have experienced and realized the wave of globalization as pervasive and impactful imperative in the world of academia, and not just in the corporate world. This realization is reflected in the 2011-13 Report by AACSB Task Force on Globalization of Management Education (The Association to Advance Collegiate Schools of Business - International, June 2011-13). The AACSB report highlights broad globalization trends in management education that have drawn the attention of institutions, corporations and business schools alike, that are striving to prepare their key stakeholders (managers and students) to face today’s complex global challenges. Today’s increasingly integrated …

The Law Of Society: Governance Through Contract, Peer Zumbansen

Peer Zumbansen

This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of domestic privatization, domestic and transnational commercial relations and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, "governance of contract" through contract adjudication, consumer protection law and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits …

Law And Learning In An Era Of Globalization, Harry W. Arthurs

Harry Arthurs

This paper explores the ways in which globalization, as a dominant influence on political economy, makes its presence felt on legal education and research. In particular, it questions whether law schools have maintained agency in the choice to embrace globalization in their curricula, scholarship and general orientation or whether law schools have been forced to bend to the realities of the global economy. While neo-liberal “globalization of the mind” has shifted assumptions about the project of law and entrenched a “new normal” in legal education and scholarship, the McGill curriculum – based on so-called transsystemic legal education – offers the …

Management Whipsawing: The Staging Of Labor Competition Under Globalization, Ian Greer, Marco Hauptmeier

Ian Greer

The authors examine management whipsawing practices in the European auto industry based on more than 200 interviews and a comparison of three automakers. They identify four distinct ways in which managers stage competition between plants to extract labor concessions: informal, hegemonic, coercive, and rule-based whipsawing. Practices at the three auto firms differed from one another and changed over time because of two factors: structural whipsawing capacity and management labor relations strategy. In the context of economic globalization, whipsawing is an effective means for managers to extract concessions, to loosen national institutional constraints, and to diffuse employment practices internationally.

Resisting The Globalization Of Speciesism: Vegan Abolitionism As A Site For Consumer-Based Social Change, Corey Lee Wrenn

Corey Lee Wrenn, PhD

Globalization has exacerbated speciesism both socially and economically. Veganism and its subsequent labeling schemes have arisen as an important political site of resistance to growing non-human animal inequality. This paper explores globalization‘s impact on non-human animals, veganism and vegan labeling, as well as important divides within the modern non-human animal rights movement in regards to utopian and pragmatic approaches to alleviating growing speciesism.

Order Of Entry Into Foreign Countries By Us Multinationals Since 1965: Role Of Psychic Distance Over Time And Across Sectors, Suresh Singh

Suresh Singh

Observations of internationalizing manufacturing firms, in the late seventies, revealed that the order in which firms enter foreign countries is influenced by psychic distance (perceived closeness based on factors such as culture, language and development level). Since then, the world has undergone rapid globalization and services have replaced manufacturing as the dominant sector of the world economy. To ascertain whether (a) psychic distance is still relevant and (b) industry sector impacts the relationship between psychic distance and order of entry, this paper analyzed the order of entry into foreign countries by US multinationals in manufacturing and services sectors since 1965. …

The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry

Laurel S. Terry

The Role Of Physical Presence In The Taxation Of Cross-Border Personal Services, Michael Kirsch

Michael Kirsch

This Article addresses the role of physical presence in the taxation of cross-border personal services. For much of the last century, both U.S. internal law and bilateral treaties have used the service provider’s physical location as the touchstone for determining international taxing jurisdiction. Modern developments - in particular, the significant advances in global communication technology and the increasing mobility of individuals - raise important questions regarding the continued viability of this physical presence standard. These modern developments have already facilitated the offshoring of numerous types of personal services, such as radiology, accounting, and legal services. As communication technology improves, the …

The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen

Peer Zumbansen

This paper engages the concept of transnational law (TL) in a way that goes beyond the by now accustomed usages with regard to the development of legal norms and the observation of legal action across nation-state boundaries, involving both state and nonstate actors. The concept of TL can serve to illustrate a much further-reaching set of developments in norm creation and legal regulation. TL is here understood not only as a body of legal norms, but it is also employed as a methodological approach to illustrate common and shared challenges and responses to legal regulatory systems worldwide. In the case …

Transnational Private Regulatory Governance: Ambiguities Of Public Authority And Private Power, Peer Zumbansen

Peer Zumbansen

The continuing proliferation of transnational private regulatory governance challenges conceptions of legal authority, legitimacy and public regulation of economic activity. The transnational law merchant or, lex mercatoria, is a case in point in this context, as it represents a laboratory for the exploration of “private” contractual governance in a context, in which the assertion of public or private authority has itself become contentious. The ambiguity surrounding many forms of today’s contractual governance in the transnational arena echoes that of the far-reaching transformation of public regulatory governance, which has been characteristic of Western welfare states over the last few decades. What …

Beyond Territoriality: The Case Of Transnational Human Rights Litigation, Peer Zumbansen

Peer Zumbansen

Cases for civil damages that have been brought before Western courts by victims of torture and persecution against states officials or corporations, challenge the principles of state sovereignty and jurisdictional competence. While national courts can in cases of serious crimes hear cases that grow out of acts committed in another country, the same is not true for cases for civil compensation. A persisting and rising number of private law cases that attempts to empower disenfranchised victims of crime and abuse, points to the necessity of reconsidering the prevailing procedural and substantial obstacles that govern the so-far unsuccessful civil law suits. …

The Criminalization Of Immigration: Value Conflicts For The Social Work Profession, Rich Furman, Alissa R. Ackerman, Melody Loya, Susanna Jones, Nalini Negi

Rich Furman

This article examines the impact of the criminalization of immigration on non-documented immigrants and the profession of social work. To meet its aims, the article explores the new realities for undocumented immigrants within the context of globalization. It then assesses the criminal justice and homeland security responses to undocumented immigrants, also referred to as the criminalization of immigration. It subsequently explores the ethical dilemmas and value discrepancies for social workers that are implicated in some of these responses. Finally, it presents implications for social workers and the social work profession.

When Bad Guys Are Wearing White Hats, Catherine A. Rogers

Catherine Rogers

Allegations of ethical misconduct by lawyers have all but completely overshadowed the substantive claims in the Chevron case. While both sides have been accused of flagrant wrongdoing, the charges against plaintiffs’ counsel appear to have captured more headlines and garnered more attention. The primary reason why the focus seems lopsided is that plaintiffs’ counsel were presumed to be the ones wearing white hats in this epic drama. This essay postulates that this seeming irony is not simply an example of personal ethical lapse, but in part tied to larger reasons why ethical violations are an occupational hazard for plaintiffs’ counsel …

Trademark Cosmopolitanism, Sonia K. Katyal

Sonia Katyal

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local to transnational social movements that challenge branding and other corporate practices. The rise of transnational brands brings with it an attendant series of legal shifts in trademark law. Long considered the stepchild of intellectual property law, today, trademark law has morphed into a powerful global legal phenomenon, revealing a foundational shift from national and regional …

Courting And Consorting With The Global: The Local Politics Of An Emerging World Heritage Site In Sulawesi, Indonesia, Kathleen M. Adams

Kathleen M. Adams

No abstract provided.

Complexity Theory For A New Managerial Paradigm: A Research Framework, Gandolfo Dominici, Vasja Roblek

Vasja Roblek

In this work, we have outlined a research framework for a new management paradigm, attempting trying to link the main concepts of complexity theory, change management, knowledge management, sustainable development and, cybernetics. We discussed the transition from the industrial era to the post industrial age. In the development process, nothing is fixed in advance; we can say that it is opportunistic, and adapts to the challenges of the environment, as well as to their effects for and within organizations and society. We saw how the processes of organizational change have occurred as a result of the move to adapt to …

Delegation Of Trade Authority To The President Under Unified And Divided Government: The Institutional Significance, David Brown

David C. Brown

This study examines the effect that divided or unified government, in the United States of America, has on the delegation of trade authority to the President. Using a qualitative analysis approach, I examine competing views and formulate an independent opinion based on the peoples’ preferences and evaluation of the principles of America’s Constitutionalism. I conclude that overemphasis on the impact of divided government is misleading because trade issues provide the primary mechanism which determines the implementation of America’s trade policies, and the principles of Constitutionalism are valuable guidelines. Blended with the discussion is the awareness of an American ethos which …

The Globalization Of Law, Martin Shapiro

Martin Shapiro

No abstract provided.

Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas Howson, Mark West

Nicholas Howson

No abstract provided.

The New Solidarity? Trade Union Coalition-Building In Five Countries, Carola Frege, Edmund Heery, Lowell Turner

Lowell Turner

[Excerpt] The purpose of this chapter is to present a framework for the analysis of union coalition-building and demonstrate its utility using comparative empirical material mainly from the United States, Germany, and the United Kingdom though we also comment on union action in Italy and Spain. In what follows, we seek to define union-coalitions and specify their functions, identify a variety of types of coalition and the variety of factors that encourage unions to forge coalitions. We then set out and seek to explain the variable patterns of coalition use across our five countries. The chapter concludes in speculative vein, …

Why Revitalize? Labour’S Urgent Mission In A Contested Global Economy, Lowell Turner

Lowell Turner

What looked like carte blanche for corporate-led globalization just a few years ago is now increasingly contested. The brave new vision of market fundamentalism has been challenged on several fronts, from massive demonstrations in Seattle and Genoa to contested trade and environmental summits at Johannesburg and Cancun. The critical insights of highly placed insiders have undermined the dominant neo-liberal ideology and given credence to mounting protests and opposition viewpoints (e.g. Soros 2002; Stiglitz 2002). Economic stagnation, inequality, desperate poverty and violence— whether in Japan, East Asia, Russia, Germany, or the United States and Latin America—have belied optimistic predictions of the …